Melhuish & Saunders Ltd v Hurden & Anor [2012] EWHC 3119 (TCC) (19 October 2012)

Melhuish & Saunders Ltd v Hurden & Anor [2012] EWHC 3119 (TCC) (19 October 2012)

The claimant breached implied contractual terms by failing to construct the house to a standard sufficient for a final certificate, specifically due to defective wall ties and other construction faults. The appropriate remedy is damages measured by the cost of remedial works necessary to cure the defects, as the risk of future damage is significant and the property cannot be sold or insured without a final certificate.

Citation
[2012] EWHC 3119 (TCC)
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 / Final Judgment After Trial
Outcome
Counterclaim succeeds in part; claimant's claim for unpaid invoice is offset by defendants' entitlement to damages for remedial works.
Legal Topics
Building Defects, Implied Contractual Terms, Remedies for Defective Works, Building Regulations Compliance, Damages Assessment
Construction Law Contract Law Tort Law Building Defects Implied Contractual Terms Remedies for Defective Works Building Regulations Compliance Damages Assessment

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Parties

Melhuish & Saunders Limited

Claimant

Edward Charles Hurden

Defendant

Elizabeth Ann Hurden

Defendant

Procedural Posture

Civil Construction Dispute / Final Judgment After Trial

Legal Issues

  1. 1 Whether the claimant breached express and implied contractual terms by failing to construct the house to a standard sufficient for a final certificate
  2. 2 Whether bent wall ties and other defects constitute actionable breaches
  3. 3 Appropriate measure of damages for defective works

Ratio Decidendi

The claimant breached implied contractual terms by failing to construct the house to a standard sufficient for a final certificate, specifically due to defective wall ties and other construction faults. The appropriate remedy is damages measured by the cost of remedial works necessary to cure the defects, as the risk of future damage is significant and the property cannot be sold or insured without a final certificate.

Court Disposition

Counterclaim succeeds in part; claimant's claim for unpaid invoice is offset by defendants' entitlement to damages for remedial works.

Orders

  • Claimant entitled to payment of invoice less damages awarded to defendants for remedial works.
  • Defendants awarded damages for cost of remedial works to cure wall tie defects and other specified items.