Legal Blog

Extras

Jessco Structural Ltd v. Gottardo Construction Ltd. , 2015 Ont SCJ

image c/o Anders Adermark and Creative Commons

Most subcontracts, and most prime contracts, have clauses stating that extras cannot be claimed unless they have been agreed upon in advance. The general performed work upon the oral instructions of the general’s site superintendent. Even though the work was an extra, the oral instructions were not sufficient to comply with the contract, the general had not waived the contractual provision, and there was no oral agreement to remove the condition. The general was not liable to pay the sub for the work.