J L Builders & Son v Naylor & Naylor [2008] EWCA Civ 1621 (18 December 2008)

J L Builders & Son v Naylor & Naylor [2008] EWCA Civ 1621 (18 December 2008)

The quantity surveyor did not have authority to receive contractual notices on behalf of the claimant; therefore, the fax of 9 August 2004 sent to the quantity surveyor was not valid service of notice on the claimant. The contract was only terminated by the subsequent notice served directly on the claimant.

Source-derived case information.

Citation
[2008] EWCA Civ 1621
Parties
Appellant: J L Builders & Son; Respondents: Naylor & Naylor
Jurisdiction
England and Wales
Judgment Date
18 December 2008
Procedural Posture
Civil Appeal / Appeal From Telford County Court Decision
Outcome
Appeal dismissed
Legal Topics
Repudiatory Breach, Authority of Agents, Service of Contractual Notices, Building Contracts
Contract Law Construction Law Repudiatory Breach Authority of Agents Service of Contractual Notices Building Contracts

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Parties

J L Builders & Son

Appellant

Naylor & Naylor

Respondents

Procedural Posture

Civil Appeal / Appeal From Telford County Court Decision

Legal Issues

  1. 1 Whether the defendants' notice of 9 August 2004, sent to the claimant's quantity surveyor, constituted valid service of notice making time of the essence and/or terminating the contract
  2. 2 Whether the quantity surveyor had authority to receive contractual notices on behalf of the claimant

Ratio Decidendi

The quantity surveyor did not have authority to receive contractual notices on behalf of the claimant; therefore, the fax of 9 August 2004 sent to the quantity surveyor was not valid service of notice on the claimant. The contract was only terminated by the subsequent notice served directly on the claimant.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed