LRC Reports

Performance Under Protest (1985)

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

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