Yoram Amsalem (t/a MRE Building Contractors) v Raivid & Anor [2008] EWHC 3028 (TCC) (09 December 2008)

Yoram Amsalem (t/a MRE Building Contractors) v Raivid & Anor [2008] EWHC 3028 (TCC) (09 December 2008)

No lump sum or capped contract was agreed; works were carried out on a reasonable price basis. The defendants repudiated the contract by denying access to the site. The claimant is entitled to payment for the value of works completed, assessed on quantum meruit, less sums paid and defects. No economic duress was established regarding fittings. Damages for delay are not awarded due to lack of evidence.

Citation
[2008] EWHC 3028 (TCC)
Parties
Claimant: Yoram Amsalem (trading as MRE Building Contractors); Defendant: Hugh Mark Raivid; Defendant: Marsha Raivid
Jurisdiction
England and Wales
Judgment Date
09 December 2008
Procedural Posture
Civil Construction Dispute / Final Judgment After Trial
Outcome
Judgment for the Claimant
Legal Topics
Formation of Contract, Variation of Contract, Repudiation, Quantum Meruit, Economic Duress, Defective Works, Damages
Contract Law Construction Law Formation of Contract Variation of Contract Repudiation Quantum Meruit Economic Duress Defective Works +1 more

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Parties

Yoram Amsalem (trading as MRE Building Contractors)

Claimant

Hugh Mark Raivid

Defendant

Marsha Raivid

Defendant

Procedural Posture

Civil Construction Dispute / Final Judgment After Trial

Legal Issues

  1. 1 Was there a lump sum contract or capped agreement for the works?
  2. 2 Were additional works and variations agreed, and at what price?
  3. 3 What sums are due for extras?

Ratio Decidendi

No lump sum or capped contract was agreed; works were carried out on a reasonable price basis. The defendants repudiated the contract by denying access to the site. The claimant is entitled to payment for the value of works completed, assessed on quantum meruit, less sums paid and defects. No economic duress was established regarding fittings. Damages for delay are not awarded due to lack of evidence.

Court Disposition

Judgment for the Claimant

Orders

  • Defendants to pay claimant the reasonable value of works completed, less sums already paid and cost of defects.
  • No damages awarded for delay.