Hall & Anor v Van Der Heiden (No 2)

Hall & Anor v Van Der Heiden (No 2)

The defendant's works were defective, incomplete, and delayed; the defendant was not entitled to suspend works as there was no outstanding certified payment or proper notice; the claimants were justified in terminating the contract and are entitled to recover the reasonable costs of remedial works, liquidated damages for the period of culpable delay, and general damages for inconvenience, subject to a credit for the final account balance due to the defendant including VAT.

Parties
Claimant: MS Selby Hall; Claimant: Mr Philip Shivers; Defendant: Mr Jan Van Der Heiden
Jurisdiction
England and Wales
Judgment Date
23 March 2010
Procedural Posture
Civil (construction Dispute) / Judgment After Full Trial
Outcome
Judgment for the claimants, subject to set-off for final account balance due to defendant.
Legal Topics
Building Contracts, Defective Works, Incomplete Works, Liquidated Damages, Termination of Contract, Extensions of Time, General Damages
Contract Law Construction Law Building Contracts Defective Works Incomplete Works Liquidated Damages Termination of Contract Extensions of Time +1 more

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Parties

MS Selby Hall

Claimant

Mr Philip Shivers

Claimant

Mr Jan Van Der Heiden

Defendant

Procedural Posture

Civil (construction Dispute) / Judgment After Full Trial

Legal Issues

  1. 1 Whether the defendant's works were defective and incomplete
  2. 2 Whether the defendant was in culpable delay
  3. 3 Whether the claimants were justified in terminating the contract

Ratio Decidendi

The defendant's works were defective, incomplete, and delayed; the defendant was not entitled to suspend works as there was no outstanding certified payment or proper notice; the claimants were justified in terminating the contract and are entitled to recover the reasonable costs of remedial works, liquidated damages for the period of culpable delay, and general damages for inconvenience, subject to a credit for the final account balance due to the defendant including VAT.

Court Disposition

Judgment for the claimants, subject to set-off for final account balance due to defendant.

Orders

  • Defendant to pay claimants £56,891.27 for defective and incomplete works
  • Defendant to pay claimants £20,300 as liquidated damages