A termination for convenience clause that provides for payment of 'the value of the [name withheld] performed' refers to services performed up to the date of termination, not services the contractor agreed to perform prospectively. Where a contract provides for progressive payment of a lump sum Contract Price through a claims mechanism, the full lump sum does not accrue as a debt due upon entry into the contract; amounts become due only through the contractual payment mechanism. A party's refusal of a Calderbank offer is not unreasonable where the offer was made when multiple claims were unresolved and the offeror had itself asserted the issues were complex, and the construction advanced by the refusing party was not unarguable.
The full text is available to signed-in members, including the 11 later cases that cite this judgment.
3 of the 11 citing cases carry a classified treatment. How each court treated it is available to signed-in members.