Civil Engineering Reference
In-Depth Information
couldberecoveredfordelayincompletion,theydidnotproperlycompensatetheemployer
for the loss it would suffer by the continuing breach.
Onthebasisofthiscase,itseemsthatemployerscanexpecttoobtaininjunctions ifcon-
tractorsrefuseaccesstothesitetoothercontractorswhohavebeenlawfullyengagedunder
the terms of the contract.
Itissometimessaidthatliquidateddamagesarenotonlydamagesduetotheemployerin
thecaseofabreachonthepartofthecontractortocompleteintime,buttheyarealsotobe
regarded as the price payable by the contractor for the option of taking longer to complete.
This case shows that such a view is not correct.
