Melhuish & Saunders Ltd v Hurden & Anor

Melhuish & Saunders Ltd v Hurden & Anor

The claimant breached implied contractual terms by failing to construct the property to a standard sufficient to obtain a final Building Regulations certificate, particularly in relation to the installation of wall ties and lintels. The appropriate measure of damages is the cost of remedial works based on the 'budget cost' option, including complete re-pointing, as well as damages for distress, inconvenience, and temporary relocation. It was reasonable for the defendants to refuse to allow the claimant to carry out the remedial works due to loss of trust. The counterclaim exceeds the amount of the claim, resulting in the claim failing by way of set-off.

Parties
Claimant: Melhuish & Saunders Limited; Defendant: Edward Charles Hurden; Defendant: Elizabeth Ann Hurden
Jurisdiction
England and Wales
Judgment Date
19 October 2012
Procedural Posture
Civil (construction Dispute) / Judgment After Trial
Outcome
Claim dismissed by set-off; counterclaim allowed in part
Legal Topics
Building Contracts, Defective Works, Remedial Damages, Implied Terms, Mitigation of Loss, Damages for Distress and Inconvenience
Construction Law Contract Law Building Contracts Defective Works Remedial Damages Implied Terms Mitigation of Loss Damages for Distress and Inconvenience

Case Brief

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Parties

Melhuish & Saunders Limited

Claimant

Edward Charles Hurden

Defendant

Elizabeth Ann Hurden

Defendant

Procedural Posture

Civil (construction Dispute) / Judgment After Trial

Legal Issues

  1. 1 Whether the claimant is entitled to payment for the final invoice for building works
  2. 2 Whether the works were defective and in breach of contract
  3. 3 Whether the defendants are entitled to damages for remedial works, distress, and relocation

Ratio Decidendi

The claimant breached implied contractual terms by failing to construct the property to a standard sufficient to obtain a final Building Regulations certificate, particularly in relation to the installation of wall ties and lintels. The appropriate measure of damages is the cost of remedial works based on the 'budget cost' option, including complete re-pointing, as well as damages for distress, inconvenience, and temporary relocation. It was reasonable for the defendants to refuse to allow the claimant to carry out the remedial works due to loss of trust. The counterclaim exceeds the amount of the claim, resulting in the claim failing by way of set-off.

Court Disposition

Claim dismissed by set-off; counterclaim allowed in part

Orders

  • Claimant's claim for the final invoice is dismissed by set-off against the counterclaim.
  • Defendants awarded damages for remedial works based on the budget cost option, including complete re-pointing.