Civil Engineering Reference
In-Depth Information
the contractor's control. However, additional payment to reimburse the contractor for as-
sociated costs may not be simple. It could not be claimed under the contract provisions,
because there is no provision for ascertainment of loss and/or expense in those circum-
stances.Moreover,itcouldnotbeclaimedasdamagesforbreachofcontract,becauseifthe
architect does have power under the contract to postpone work, the exercise of such power
cannot be a breach of contract. It appears that the only way that the contractor could be re-
imbursed would be by the implication of another term to that effect. That in fact seems the
sensible and just solution.
