Struthers & Anor v Davies (t/a Alastair Davies Building) & Anor [2022] EWHC 333 (TCC) (18 February 2022)

Struthers & Anor v Davies (t/a Alastair Davies Building) & Anor [2022] EWHC 333 (TCC) (18 February 2022)

The First Defendant was in repudiatory breach of contract by failing to progress and complete the works, refusing to purchase materials, and abandoning the project. The Claimants were entitled to accept this repudiation and recover damages for defective and incomplete works, as well as consequential losses, based on reasonable expert advice and expenditure. The contract was not validly terminated under its express terms, but lawful termination occurred at common law due to repudiatory breach.

Citation
[2022] EWHC 333 (TCC)
Parties
Claimant: Gavin Struthers; Claimant: Stacey Struthers; First Defendant: Alastair Davies (trading as 'Alastair Davies Building'); Second Defendant: Design-Cubed Limited
Jurisdiction
England and Wales
Judgment Date
18 February 2022
Procedural Posture
Civil Construction Dispute / Trial Judgment
Outcome
Judgment for the Claimants
Legal Topics
Defective Works, Incomplete Works, Contract Termination, Damages, Repudiatory Breach, Variation of Contract, Mitigation of Loss
Construction Law Contract Law Defective Works Incomplete Works Contract Termination Damages Repudiatory Breach Variation of Contract +1 more

Case Brief

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Parties

Gavin Struthers

Claimant

Stacey Struthers

Claimant

Alastair Davies (trading as 'Alastair Davies Building')

First Defendant

Design-Cubed Limited

Second Defendant

Procedural Posture

Civil Construction Dispute / Trial Judgment

Legal Issues

  1. 1 What were the agreed contract documents and terms?
  2. 2 Were the contract terms varied by agreement or conduct?
  3. 3 Did the First Defendant carry out defective and/or incomplete works?

Ratio Decidendi

The First Defendant was in repudiatory breach of contract by failing to progress and complete the works, refusing to purchase materials, and abandoning the project. The Claimants were entitled to accept this repudiation and recover damages for defective and incomplete works, as well as consequential losses, based on reasonable expert advice and expenditure. The contract was not validly terminated under its express terms, but lawful termination occurred at common law due to repudiatory breach.

Court Disposition

Judgment for the Claimants

Orders

  • First Defendant to pay Claimants £349,913.67 after credits for defective and incomplete works and consequential losses.
  • Consequential matters as to interest and costs agreed by consent order.