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OGWUEGBU, J.S.C. (Delivering the Leading Judgment): The defendants awarded a building construction contract of their bank building at Ilorin, Kwara State to the plaintiffs for the sum of N451,857,22. The contract was stated to be in writing. By a letter dated 13th April, 1981 written by the agent of the defendants - Architects Co-design, the contract sum was revised from N451,857.22 to N1,047,637.06. There is the Bill of Quantities which was admitted in evidence as "Exhibit 4."
The defendants paid the sum of N977,460.83 in respect of Valuation Certificates numbers 1 to 26. On the whole, Architects Co-design issued a total of 27 Valuation Certificates.
Clause II of Exhibit 4 (Bill of Quantities) provides that the defendants could alter and vary the contract and payments for work done under the contract was to be made upon the issuance of Valuation Certificates from time to time by the defendants' Architects and Quantity Surveyor. The plaintiffs maintained that Valuation Certificate No…