Hydro Engineering Services CoUganda Ltd v Thorne International Boiler services Ltd (HCT-00-CC-CS 818 of 2003)
Hydro Engineering Services CoUganda Ltd v Thorne International Boiler services Ltd (HCT-00-CC-CS 818 of 2003) [2008] UGCommC 83 (29 September 2008)
The court found that the contract between the parties was a fixed price (lump sum) contract for USD 139,015, inclusive of VAT, as evidenced by the parties' correspondence and agreement. Although the plaintiff did not fully perform the contract, the court held that the defendant's actions—specifically, ordering the plaintiff off the site after a request for revision of terms—made full performance impossible. The court applied the doctrine of substantial performance, determining that the plaintiff had completed over 90% of the work before being prevented from finishing. There was no independent…
Source excerpt
- Construction Contracts
- Breach Of Contract
- Substantial Performance
- Fixed Price Contracts