Abstracts – Browse Results
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Habisreutinger, P and Gunderson, D E (2006) Real estate reuse opportunities within the regenesis project area: a case study. International Journal of Construction Education and Research, 2(01), 53-63.
Holley, P W (2006) Effectiveness of IT-based course material: a case study in publishing and using a digital textbook for construction surveying. International Journal of Construction Education and Research, 2(01), 29-41.
McConnell, C W, Gloeckner, G and Gilley, J (2006) Predictors of work injuries: a quantitative exploration of level of english proficiency as a predictor of work injuries in the construction industry. International Journal of Construction Education and Research, 2(01), 3-28.
White, N J (2006) Destruction of the contract through material changes. International Journal of Construction Education and Research, 2(01), 43-51.
- Type: Journal Article
- Keywords: cardinal change; abandonment; destruction of the contract
- ISBN/ISSN: 1557-8771
- URL: https://doi.org/10.1080/15503980500519601
- Abstract:
This paper introduces the term ’destruction of the contract’ to describe the various legal theories which can be used when the number of changes to a construction contract is so great the owner is considered to have legally destroyed the original contract. The advantage to the contractor, and disadvantage to the owner, of these doctrines is the contractor is not paid according to the original contract, but under the theories of promissory estoppel and/or quantum meruit, that is: the reasonable value of the work performed. This amount is usually higher than the contract amount. Contractors wishing to use this theory should reserve their rights when performing material changes on the project and the owner does not recognize the reasonable costs for those material changes.