A.C. Gallie Ltd. v Davies [1987] JLR 224 (08 July 1987)

A.C. Gallie Ltd. v Davies [1987] JLR 224 (08 July 1987)

Damages are to be assessed at the time it was reasonable for the employer to take remedial steps, factoring in when the employer became aware of the cause of defects and awaited judgment on liability; further delay is not justified without reasonable inquiries into alternatives.

Citation
[1987] JLR 224
Parties
Employer: A. C. Gallie Ltd.; Contractor: Davies
Jurisdiction
Jersey
Judgment Date
08 July 1987
Procedural Posture
Civil / Judgment
Outcome
Damages assessed at reasonable time for remedial steps; further delay unjustified without reasonable inquiries.
Legal Topics
Damages, Assessment of Damages, Remedial Steps, Defective Works
Construction Law Contract Law Damages Assessment of Damages Remedial Steps Defective Works

Case Brief

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Parties

A. C. Gallie Ltd.

Employer

Davies

Contractor

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 When should damages for employer's remedial steps be assessed in construction disputes?
  2. 2 Is delay in taking remedial steps justified pending judgment on liability or further inquiries?

Ratio Decidendi

Damages are to be assessed at the time it was reasonable for the employer to take remedial steps, factoring in when the employer became aware of the cause of defects and awaited judgment on liability; further delay is not justified without reasonable inquiries into alternatives.

Court Disposition

Damages assessed at reasonable time for remedial steps; further delay unjustified without reasonable inquiries.