Parties to a contract sometimes end up disputing the extent of the obligations to be performed under it. One solution is to perform the contract in accordance with the other party’s interpretation but to do so “under protest,” reserving a right to claim compensation. This project examines the much-criticized 1960 decision of the Supreme Court of Canada in Peter Kiewit Sons Co. of Canada v. Eakins Construction Ltd., which arose from a construction contract dispute of this nature.
Keywords: performance; protest; contract; compensation; construction;
acquiescence; dispute; interpretation; unilateral; tender; waiver; claim;
Peter Kiewit Sons Co. of Canada v. Eakins Construction Ltd.; breach;
damages; quantum meruit
Below you will find additional, relevant and specific documentation, backgrounders, research, resources, media releases and summaries that have been, or will be incorporated into our final publications and study papers.
If you have questions about these or other specific documents, please reach out to BCLI using our contact page or at the bottom of each page of our website.