Shawton Engineering Ltd v DGP International Ltd (t/a Design Group Partnership) (Record no. 76257)

MARC details
000 -LEADER
fixed length control field 02537cab a2200181 4500
001 - CONTROL NUMBER
control field ##L131718
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 051202n2005 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u131718
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Shawton Engineering Ltd v DGP International Ltd (t/a Design Group Partnership)
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2005
520 ## - SUMMARY, ETC.
Summary, etc. [2005] EWCA Civ 1359 18 November 2005. Considered whether S was entitled to claim damages against D for breach of contract on the grounds that D failed to complete subcontract design work within a reasonable time. S subcontracted five packages for design work for a nuclear waste plant to D, under lump sum fixed price contracts with fixed completion dates. After variations were made, D became obliged to complete its work within a reasonable time. S terminated the contracts on the basis that D had not done so, and claimed the costs of having to employ another design contractor to complete the work. D had taken much longer than originally agreed, and at date of termination, had completed only 48% of the drawings. 'Held' (1) The variations had rendered the original fixed dates inoperable so the obligation was to complete within a reasonable time. S could terminate the contracts for delay either by giving reasonable notice making time of the essence or if D's failure to complete amounted to a fundamental breach depriving S of substantially the whole benefit it expected from the contract. Where time was not of the essence, and the party in breach was still trying to perform the contract, it was difficult for the other party to establish fundamental breach. (2) The question of what was a reasonable time had to be judged in relation to all relevant circumstances. In this case, the variations agreed were significant, and S had not insisted on early completion of the work. S had not laid down any stipulations as to time until sending the letter of termination. The reasonable time for completion was therefore undefined, and the letter could only be regarded as the start of negotiations for its definition. Since D was not in breach for delay at the time of the letter, it did not make time of the essence. (3) If time was not of the essence, there was no delay which could be regarded as repudiatory.
590 ## - LOCAL NOTE (RLIN)
Local note IKA061205
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element SHAWTON ENGINEERING LTD V DGP INTERNATIONAL LTD AND ANOTHER
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element Construction management
9 (RLIN) 6230
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2005/">https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWCA/Civ/2005/</a>
Public note View the item free of charge at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
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    Dewey Decimal Classification     Virtual Virtual Online 02/12/2005   ONLINE PUBLICATION 131718-1001 06/08/2019 1 06/08/2019 Law report