J L Builders & Son v Naylor & Naylor

J L Builders & Son v Naylor & Naylor

The fax of 9 August 2004 sent to the claimant's quantity surveyor was not effective notice because the quantity surveyor did not have authority to receive contractual notices on behalf of the claimant, and the notice was not communicated to the claimant. Therefore, the defendants' subsequent termination constituted a repudiatory breach, and the appeal fails.

Parties
Appellant: J L Builders & Son; Respondent: Naylor & Naylor
Jurisdiction
England and Wales
Judgment Date
18 December 2008
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Repudiatory Breach, Authority of Agents, Service of Notice, Building Contracts
Contract Law Construction Law Repudiatory Breach Authority of Agents Service of Notice Building Contracts

Case Brief

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Parties

J L Builders & Son

Appellant

Naylor & Naylor

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the defendants' notice to the claimant's quantity surveyor was effective to make time of the essence and/or to terminate the contract
  2. 2 Whether the quantity surveyor had authority to receive notices on behalf of the claimant
  3. 3 Whether the defendants were in repudiatory breach of contract

Ratio Decidendi

The fax of 9 August 2004 sent to the claimant's quantity surveyor was not effective notice because the quantity surveyor did not have authority to receive contractual notices on behalf of the claimant, and the notice was not communicated to the claimant. Therefore, the defendants' subsequent termination constituted a repudiatory breach, and the appeal fails.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.