Hayes & Anor (t/a Orchard Construction) v Gallant

Hayes & Anor (t/a Orchard Construction) v Gallant

The defendant did not agree to pay the sums invoiced for refurbishment beyond agreed estimates; payments were made on account of a fair price. The works after March 2003 are to be valued on a cost plus basis. The defendant's expulsion of the claimants from site was unjustified and amounted to repudiation, entitling claimants to lost profits. The counterclaim for defects fails as claimants would have remedied any defects free of charge.

Parties
Claimant: Martin John Hayes; Claimant: Linda Hayes t/a Orchard Construction; Defendant: Peter Gallant
Jurisdiction
England and Wales
Judgment Date
10 November 2008
Procedural Posture
Civil / Judgment
Outcome
Judgment for the Claimants
Legal Topics
Formation of Contract, Quantum Meruit, Repudiation, Defective Works, Loss of Profit, Counterclaim
Contract Law Construction Law Formation of Contract Quantum Meruit Repudiation Defective Works Loss of Profit Counterclaim

Case Brief

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Parties

Martin John Hayes

Claimant

Linda Hayes t/a Orchard Construction

Claimant

Peter Gallant

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether there was a binding contract for refurbishment and pool works
  2. 2 Whether the sums invoiced were agreed or payable on a cost plus basis
  3. 3 Whether the defendant's termination amounted to repudiation

Ratio Decidendi

The defendant did not agree to pay the sums invoiced for refurbishment beyond agreed estimates; payments were made on account of a fair price. The works after March 2003 are to be valued on a cost plus basis. The defendant's expulsion of the claimants from site was unjustified and amounted to repudiation, entitling claimants to lost profits. The counterclaim for defects fails as claimants would have remedied any defects free of charge.

Court Disposition

Judgment for the Claimants

Orders

  • Claimants awarded £111,794.22 for pool complex works
  • Claimants awarded £40,770.78 as lost profit on pool complex