Monavon Construction Ltd v Davenport & Anor [2006] EWHC 1094 (TCC) (22 May 2006)

Monavon Construction Ltd v Davenport & Anor [2006] EWHC 1094 (TCC) (22 May 2006)

There was no enforceable cost ceiling in the oral contract due to lack of certainty and definition. Monavon was contractually responsible for checking and remedying prior defective works, including electrical and plastering, and failed to do so to the required standard. The Davenports are entitled to damages for...

Source-derived case information.

Citation
[2006] EWHC 1094 (TCC)
Parties
Claimant: Monavon Construction Limited; Defendant: Mr Simon Davenport; Defendant: Mrs Angelika Davenport
Jurisdiction
England and Wales
Judgment Date
22 May 2006
Procedural Posture
Civil (construction Dispute) / Judgment After Trial
Outcome
Judgment for both parties in part; net judgment to be ascertained based on findings; parties to calculate net sum and return for entry of judgment and consideration of interest and costs.
Legal Topics
Building Contracts, Oral Agreements, Defective Works, Damages for Breach of Contract, Cross Claims
Construction Law Contract Law Building Contracts Oral Agreements Defective Works Damages for Breach of Contract Cross Claims

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Summary, issues, holding and outcome

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Parties

Monavon Construction Limited

Claimant

Mr Simon Davenport

Defendant

Mrs Angelika Davenport

Defendant

Procedural Posture

Civil (construction Dispute) / Judgment After Trial

Legal Issues

  1. 1 Whether there was a cost ceiling in the oral contract between the parties
  2. 2 Whether Monavon was contractually liable for defective works, including electrical, plastering, and heating systems
  3. 3 Whether the Davenports are entitled to damages for specific defects and incomplete works

Ratio Decidendi

There was no enforceable cost ceiling in the oral contract due to lack of certainty and definition. Monavon was contractually responsible for checking and remedying prior defective works, including electrical and plastering, and failed to do so to the required standard. The Davenports are entitled to damages for specific proven defects and incomplete works, while Monavon is entitled to payment for certain works and charges as specified, subject to deductions for agreed non-recoverable sums.

Court Disposition

Judgment for both parties in part; net judgment to be ascertained based on findings; parties to calculate net sum and return for entry of judgment and consideration of interest and costs.

Orders

  • Monavon entitled to payment for works as determined, excluding sums after 9 August 2004 and certain management charges.
  • Davenports entitled to damages for proven defects and incomplete works as specified in the judgment.