Contract—Building contract—Time for completion—Time essence of contract—
Occurrence of inevitable delay due to failure of owner to execute work—whether time
limit binding on contractor—Time not made of essence on execution of original
contract, exhibit A—No express provision on deadline stated in exhibit B during
variation of original terms—Whether time essence of the contract.
Practice and procedure—Pleadings—Omission—Plea by owner of building that he
took over work and engaged another contractor to complete work—No plea that
contractor failed to complete work on schedule—Whether evidence that contractor
failed to complete on schedule admissible.
Contract—Building contract—Breach—Delay caused by owner of building—
Contractor bent on completing provided owner performing his part of contract—Owner
terminating contract whilst work in progress—No cause shown for termination—
Owner in breach of contract—Whether contractor entitled to damages.
Damages—Contract—Building contract—Breach—Normal measure of damages
contract price less cost to builder of executing work—Work uncompleted by builder—
Builder providing building materials whilst owner advancing money—Computation of
builder's entitlements—No evidence as to actual amount spent by builder in excess of
advance and also expected profit—Whether builder's claim of over—expenditure
sustainable—Builder entitled to recover value of building materials seized by owner—
Whether builder entitled to general damages.