Eribo & Anor v Odinaiya & Anor [2010] EWHC 301 (TCC) (19 February 2010)

Eribo & Anor v Odinaiya & Anor [2010] EWHC 301 (TCC) (19 February 2010)

The contract was with Logicplough Property Ltd, not the first defendant personally. The claimants were justified in terminating the contract due to serious and pervasive defects and delays. The defendants are liable for the cost of remedial works. There was no contractual liquidated damages clause. The first...

Source-derived case information.

Citation
[2010] EWHC 301 (TCC)
Parties
Claimant: Dr Frank Eribo; Claimant: Dr Lynda Eribo; Defendant: Adekoyejo Odinaiya; Defendant: Logicplough Property Ltd
Jurisdiction
England and Wales
Judgment Date
19 February 2010
Procedural Posture
Civil Construction Dispute / High Court Judgment (trial)
Outcome
Judgment for the claimants against Logicplough Property Ltd. Claim against Adekoyejo Odinaiya dismissed. Counterclaim dismissed.
Legal Topics
Building Defects, Delay in Construction, Termination of Contract, Remedies for Breach, Personal Liability of Directors, Collateral Contract, Duty of Care, Liquidated Damages
Construction Law Contract Law Tort Law Building Defects Delay in Construction Termination of Contract Remedies for Breach Personal Liability of Directors +3 more

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Summary, issues, holding and outcome

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Parties

Dr Frank Eribo

Claimant

Dr Lynda Eribo

Claimant

Adekoyejo Odinaiya

Defendant

Logicplough Property Ltd

Defendant

Procedural Posture

Civil Construction Dispute / High Court Judgment (trial)

Legal Issues

  1. 1 Whether the contract was with the individual or the company
  2. 2 Whether the claimants were justified in terminating the contract
  3. 3 Whether the works were defective and/or delayed

Ratio Decidendi

The contract was with Logicplough Property Ltd, not the first defendant personally. The claimants were justified in terminating the contract due to serious and pervasive defects and delays. The defendants are liable for the cost of remedial works. There was no contractual liquidated damages clause. The first defendant owed no personal duty of care.

Court Disposition

Judgment for the claimants against Logicplough Property Ltd. Claim against Adekoyejo Odinaiya dismissed. Counterclaim dismissed.

Orders

  • Defendants to pay claimants the quantified sums for remedial works as awarded in the judgment.
  • Claim against first defendant personally dismissed.