UMOREN, J.C.A. (Delivering the Leading Judgment): The fact that led to this appeal are as stated below in some detail, for purposes of clarity:- The defendant/appellant was awarded contract by Taraba State Water Agency to drill boreholes and lay pipes in Takum. That by an agreement dated 25/7/96, (Exhibit 'A'), the defendant sub-contracted to the plaintiff the digging of channel for water pipes at the rate of N250.00 per meter at rock section, and N90.00 per metre at other sections. That the contract consisted of two phases: phase one was from Taraba State Water Board Tank to Tampa II, and phase two was for the internal network in Tampa II. That phase one covered 4536 metres of rock section, and 909 metres of other section, while phase two covered 675 metres of rock section and 1067 metres of other section; and the total distance for both phases was 5209 metres of rock section and 1976 metres of other section; and that the whole distance was 7185 metres, and the amount payable to the …