Construction Contracts: Offer and Acceptance, Intention to be legally bound
Special Damages to be particularized and proven
Award of General Damages(factors to take into consideration)
Interest rates and how calculated
The Plaintiff’s claim against the Defendant is for general and punitive damages for breach of contract.
It was the Plaintiff’s case that in June 2007 it tendered for and sometime in 2008 won a competitive bidding contract to undertake the upgrading of the 54.2 kilometres Yendi-Gushiegu Road in the Northern Region of Ghana.
It averred that the Central Tender Review Board of the Ministry of Finance and Economic Planning gave concurrent approval for the award of the contract to it on 23rd December 2008. This was followed by a letter dated 5th January 2009 confirming the award of the contract at a price of GH¢35,994,052.54.
It was the Plaintiff’s case that the Defendant had demanded the provision of a performance security and had indicated that with this condition fulfilled, the c…