Daya Constructions (Private) Limited vs Hovael Constructions (Private) Limited – SC APPEAL 64/2019-2023

Brief
In the case between Daya Constructions (Private) Limited (also operating as Olympus Constructions (Private) Limited) and Hovael Constructions (Private) Limited, the court addressed the contractual issue regarding whether the agreement between the parties constituted a “measure and pay” or a “lump sum” contract, and whether the plaintiff was entitled to additional payment for extra asphalt allegedly used due to undulations on the aggregate base course (ABC) layer. The determination was made that the plaintiff was not entitled to recover the additional claimed amount, as the evidence did not substantiate that prior approval for the extra asphalt work had been obtained, nor that sufficient proof of actual extra material usage was furnished. This decision reaffirmed the principle that en