Weerakoon v. Hewamallika – 1978_79 volume 2 page 097

In the case between Weerakoon (building owner) and Hewamallika (contractor), the court addressed whether the trial judge’s refusal to adjourn proceedings was a valid exercise of discretion, the legal force of an arbitration clause as a precondition to litigation, the existence of anticipatory breach by the contractor, and the proper basis for calculating damages arising from the contractor’s conduct. It was held that the trial judge’s refusal to adjourn did not constitute an improper exercise of discretion, the arbitration clause did not bar the owner from resorting to court, the contractor’s cessation of work amounted to a repudiation entitling the owner to terminate the contract, and damages included both the differential cost of completion and loss of prospective rents caused by delayed