this decision also recognizes pragmatic and down-to-earth facts in building contracts."
20. The aforesaid discussion shows that the material aspect taken into
this decision also
recognizes pragmatic and down-to-earth facts in building
contracts."
15. Thus, it is not in dispute that though the definition
this
decision also recognizes pragmatic and down-to-
earth facts in building contracts."
20. The aforesaid discussion shows that the material
aspect taken into
doubt true that the aforesaid discussion is in the context
of building contracts where the contractor is in need to receive
will have to decide some questions on the construction of the building contract, but the two matters submitted are both composite questions
Lloyd's Rep. 436 CA, which concerned a ship-
building contract, is a case of this nature but there is no clarity ... damages.
23. In G.T. Gajria‟s Law Relating to Building and Engineering
Contracts in India, Fourth Edition, it has been observed at page
Contract 24th Edition, paras 813 to 816 and the book 'Building Contract' 4th Edition page 140 analysis the legal position with regard ... this view on observations appearing in Emden and Gill's Building Contracts and Practice, 7th edition page 272 and Halsbury Laws of England
doubt true that the aforesaid discussion is in the context
of building contracts where the contractor is in need to receive
implied terms contended for by Mr. Godfrey
should be written into the contract, would have given an
affirmative answer. Their answers would clearly have
been ... contract i.e., if it is
such a term that it can confidently be said that if at the
time the contract was being negotiated
were engaged as contractors by respondent no.1 for construction of the building of the Desh Bandhu Chittaranjan Memorial Society known as Chittaranjan Bhavan ... price, Claim no.2 on account of escalation of building materials and labour during the contract period, Claim no.3 on account of idle charges