Ubhi Construction Limited v Aspire Enterprises (UK) Limited

Ubhi Construction Limited v Aspire Enterprises (UK) Limited

The court found that Mr Dhanda signed the JCT contract for the Defendant, the contract was not conditional on funding, and the Claimant is entitled to damages for breach, including hire charges and lost profit, as the Defendant prevented performance.

Parties
Claimant: Ubhi Construction Limited; Defendant: Aspire Enterprises (UK) Limited
Jurisdiction
England and Wales
Judgment Date
17 June 2024
Procedural Posture
Civil / Judgment
Outcome
Judgment for the Claimant
Legal Topics
Formation of Contract, Authority to Sign, Conditional Contracts, Damages for Breach, Lost Profit, Hire Charges
Contract Law Construction Law Formation of Contract Authority to Sign Conditional Contracts Damages for Breach Lost Profit Hire Charges

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Parties

Ubhi Construction Limited

Claimant

Aspire Enterprises (UK) Limited

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Did Mr Dhanda sign the JCT contract?
  2. 2 Was the contract conditional on funding?
  3. 3 Is the Claimant entitled to payment of the invoices for plant hire and standstill charges?

Ratio Decidendi

The court found that Mr Dhanda signed the JCT contract for the Defendant, the contract was not conditional on funding, and the Claimant is entitled to damages for breach, including hire charges and lost profit, as the Defendant prevented performance.

Court Disposition

Judgment for the Claimant

Orders

  • Defendant to pay Claimant £27,440 for plant hire charges
  • Defendant to pay Claimant £279,675 for lost profit