What is the test for a contractor to be entitled to additional payments under a fixed price contract?
Ontario, Canada
The following excerpt is from Reid v. Xiao, 2021 ONSC 7468 (CanLII):
Extra work that entitles a contractor to additional payment must be substantially different than the work contemplated by the contract. Essentially, in a fixed price contract, it must be work outside the scope of the existing contract that is not expressly or impliedly included in the work covered by the agreed fixed price: King Road Paving v. Plati, 2017 ONSC 557 at para. 97.
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