Optimus Build Ltd v Southall & Anor [2020] EWHC 3389 (TCC) (11 December 2020)

Optimus Build Ltd v Southall & Anor [2020] EWHC 3389 (TCC) (11 December 2020)

The contract was a fixed price lump sum contract, not cost plus. The claimant did not repudiate the contract by suspending works pending a meeting; the defendants' refusal to engage and insistence on termination constituted repudiatory breach. Claimant entitled to balance of contract price for works undertaken and loss of profit.

Citation
[2020] EWHC 3389 (TCC)
Parties
Claimant: Optimus Build Limited; Defendant: Matthew Southall; Defendant: Jade McManus
Jurisdiction
England and Wales
Judgment Date
11 December 2020
Procedural Posture
Civil Construction Contract Dispute / Final Judgment
Outcome
Claimant succeeds; defendants' defence and counterclaim fail.
Legal Topics
Contract Formation, Repudiation, Valuation of Works, Loss of Profit, Building Contracts
Contract Law Construction Law Contract Formation Repudiation Valuation of Works Loss of Profit Building Contracts

Case Brief

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Parties

Optimus Build Limited

Claimant

Matthew Southall

Defendant

Jade McManus

Defendant

Procedural Posture

Civil Construction Contract Dispute / Final Judgment

Legal Issues

  1. 1 Was the contract a fixed price or cost plus contract?
  2. 2 Did the claimant or defendants repudiate the contract?
  3. 3 Is the claimant entitled to the balance of contract price and loss of profit?

Ratio Decidendi

The contract was a fixed price lump sum contract, not cost plus. The claimant did not repudiate the contract by suspending works pending a meeting; the defendants' refusal to engage and insistence on termination constituted repudiatory breach. Claimant entitled to balance of contract price for works undertaken and loss of profit.

Court Disposition

Claimant succeeds; defendants' defence and counterclaim fail.

Orders

  • Defendants to pay claimant £78,467.37 plus VAT for works undertaken, less payments made.
  • Defendants to pay claimant £18,048.34 for loss of profit.