Optimus Build Ltd v Southall & Anor

Optimus Build Ltd v Southall & Anor

The contract was a fixed price lump sum contract. The claimant did not repudiate the contract by its 5 October 2018 email, which was a reasonable request for a meeting to resolve issues, not an absolute refusal to perform. The defendants wrongfully repudiated by refusing further engagement and instructing the...

Source-derived case information.

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 / Judgment After Trial
Outcome
judgment for claimant
Legal Topics
Building Contracts, Repudiation, Valuation of Works, Loss of Profit, Interim Payments
Contract Law Construction Law Building Contracts Repudiation Valuation of Works Loss of Profit Interim Payments

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Parties

Optimus Build Limited

Claimant

Matthew Southall

Defendant

Jade McManus

Defendant

Procedural Posture

Civil Construction Contract Dispute / Judgment After Trial

Legal Issues

  1. 1 Whether the contract was a fixed price or cost plus contract
  2. 2 Whether the claimant or defendants repudiated the contract
  3. 3 Entitlement to payment for works done and loss of profit

Ratio Decidendi

The contract was a fixed price lump sum contract. The claimant did not repudiate the contract by its 5 October 2018 email, which was a reasonable request for a meeting to resolve issues, not an absolute refusal to perform. The defendants wrongfully repudiated by refusing further engagement and instructing the claimant to leave site. The claimant is entitled to payment for works done and loss of profit.

Court Disposition

judgment for claimant

Orders

  • Defendants to pay claimant £23,628.36 for work done (inclusive of VAT at 5%)
  • Defendants to pay claimant £19,422.96 for loss of profit, plus VAT at the applicable rate if required to be accounted for