Hall & Anor v Van Der Heiden (No 2) [2010] EWHC 586 (TCC) (23 March 2010)

Hall & Anor v Van Der Heiden (No 2) [2010] EWHC 586 (TCC) (23 March 2010)

The defendant's works were defective and incomplete, he was in culpable delay, and his suspension of works was not justified under the contract. The claimants were entitled to terminate the contract and recover damages for defective/incomplete works, liquidated damages, and general damages. The defendant was entitled to a credit for the final account balance including VAT.

Citation
[2010] EWHC 586 (TCC)
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
Building Dispute (technology and Construction Court) / Trial Judgment
Outcome
Judgment for the claimants with a net award after set-off.
Legal Topics
Defective Works, Incomplete Works, Culpable Delay, Termination of Contract, Liquidated Damages, General Damages, Final Account Valuation
Construction Law Contract Law Defective Works Incomplete Works Culpable Delay Termination of Contract Liquidated Damages General Damages +1 more

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Parties

Ms Selby Hall

Claimant

Mr Philip Shivers

Claimant

Mr Jan Van Der Heiden

Defendant

Procedural Posture

Building Dispute (technology and Construction Court) / Trial Judgment

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 and incomplete, he was in culpable delay, and his suspension of works was not justified under the contract. The claimants were entitled to terminate the contract and recover damages for defective/incomplete works, liquidated damages, and general damages. The defendant was entitled to a credit for the final account balance including VAT.

Court Disposition

Judgment for the claimants with a net award after set-off.

Orders

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