Chandler Bros Ltd v Boswell    Building Contracts – Sub-contract – Notice to remove sub-contractor – Implied term as to
impossibility of performance – Implication of terms in sub-contracts – Quantum meruit.
The defendant, a contractor, had contracted to divert a road for a county council, and, as
incidental to that purpose to make a tunnel. The work of excavating for the tunnel was subcontracted
to a firm called Chandler Bros. This firm was later turned into a limited company
and a receiver was appointed by the debenture holders. The receiver elected to complete the
sub-contract, but, hampered by lack of money, he was unable to proceed with the work at the
speed the contract required. The head contract contained a clause giving the engineers of the
county council, if they were dissatisfied with any sub-contractor, power to require his
removal. The sub-contract which contained many provisions in similar terms to those in the
head contract, contained no clause providing for the contingency of the engineers giving a
notice under the above clause. The engineers served such a notice.:—