Source: All England Reporter
Publisher Citation: [2007] All ER (D) 330 (Jun)
Court: Queen's Bench Division (Technology and Construction Court)
Judge:

Judge Peter Coulson QC

Representation Christopher Coney (instructed by Thackray Williams, Bromely) for the claimants.
  Paul Letman (instructed by Finers Stephens Innocent) for the defendant.
Judgment Dates: 27 June 2007

Catchwords

Building contract - Damages for breach - Mitigation of loss - Claimants discovering defects in house purchased from defendant - Claimants' surveyor objecting to remedial work proposed by defendant - Claimants refusing defendant's offer for surveyors to meet - Claimants bringing proceedings for breach of contract - Whether claimants failing to mitigate losses by refusing defendant's offers - Whether claimants' refusal of defendant's offer to carry out remedial works preventing recovery of damages.

The Case

Building contract Damages for breach. It was unreasonable for a party to a dispute as to proposed remedial works to refuse to allow surveyors to meet to discuss their differences, especially if the costs thereof were to be underwritten by the other side. In relation to a refusal of the original contractor's continuing offer to carry out remedial works, it would take a relatively extreme set of facts to deny a homeowner compensation for admitted defects and to leave him no option but to appoint that contractor to carry out the remedial work.

Practice Areas

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