I think this contract should be regarded as an ordinary lump sum contract.
2.
It was a lump sum contract, but that does not mean that entire performance was a condition precedent to payment.
3.
The case becomes then an ordinary lump sum contract governed by the principles laid down in " Mondel v Steel " and " Dakin v Lee ".
4.
The bridge is being erected by a British-Japanese joint venture made up of Trafalgar House Construction Co ., Costain Civil Engineering Ltd . and Mitsui and Company under a lump sum contract of $ 916 million.
5.
On any lump sum contract, if the work is not substantially performed and there has been a failure of performance which goes to the root of it, as, for instance, when the work has only been half done, or is entirely different in kind from that contracted for, then no action will lie for the lump sum.
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