PATS-ACHOLONU, J.S.C. (Delivering the Leading Judgment): The appellant a construction company had entered into a contract with the respondent to construct a laboratory building and what is described as the general service and supply center at an initial price of N2,440,449.00 (two million four hundred and forty thousand four hundred and forty nine naira). The sum originally agreed to was later on revised upwards to N7,356,663.28 (seven million three hundred and fifty six thousand six hundred and sixty three naira twenty eight kobo). Some of the pertinent terms of the contract are;
(a) That the whole works should be completed within a period of 44 weeks.
(b) That the appellant if occasion so demands may apply for extension of time to complete the job.
(c) That the architects certificate is a condition precedent for payment.
The construction work was not completed within the due date agreed but the parties after several meetings agreed that the completion work be extended to 139 week…