Increased difficulty or expense is insufficient

There must be something more than the contract becoming more onerous or inconvenient or expensive. In Davis Contractors Ltd v Fareham UDC,10 the plaintiff had agreed to build 78 houses over eight months for an all inclusive price. Because of factors beyond its control, the work took 22 months and ran over budget. The plaintiff claimed that the contract had been frustrated by the shortage of labour and materials, and that, as the contract was not in force they should be paid on a quantum meruit basis. It was held that the contract had not been frustrated. Circumstances did not render performance radically different, but only more onerous.