Supreme Court · [2016] ZMSC 237 · 22 December 2016
Bank of Zambia v Votex Refrigration Company & Another (Appeal 4 of 2013) [2016] ZMSC 237 (22 December 2016)
Employer liable for subcontractor's unpaid variation works; liquidated damages not allowed where employer's engineers caused delay. Flynote Building contracts — extra/variation works — lump-sum contract — when extra work is payable; Nominated sub-contract — payment responsibilities; Employer's project consulting engineers — duty to design and supervise; Liquidated damages — recoverable only where delay caused by contractor; Unjust enrichment — refund of withheld sums where counterclaim fails. Read full summary
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