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Safe Homes v Massingham [electronic resource]

Language: English Publication details: 2008Subject(s): Online resources: Summary: (2007) EWHC 2556 (QBD (TCC)). Considers whether a private householder client was entitled to bring a contract with a builder to an end for repudiatory breach. Following a builder's alleged failure to complete on time, demands for money before substantial completion, failure to work to a reasonable standard and aggressive behaviour, the householder clients (M) terminated the contract for rebuilding a private home with the builder. The claimant builders (S), then sought payment of the sum outstanding under the contract. M counterclaimed for the cost of remedying breaches of contract, i.e. the cost of making good and completing the work to an appropriate standard. Held: S's claims were dismissed. S was in breach of contract due to his failure to reasonably complete on time, his 'intemperate' behaviour and in his repeated demands to be paid sums in excess of what was due. M were entitled to treat S breaches of contract as a repudiation and to bring the contract to an end. The counterclaims were recoverable and thus allowed.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 143779-1001

(2007) EWHC 2556 (QBD (TCC)). Considers whether a private householder client was entitled to bring a contract with a builder to an end for repudiatory breach. Following a builder's alleged failure to complete on time, demands for money before substantial completion, failure to work to a reasonable standard and aggressive behaviour, the householder clients (M) terminated the contract for rebuilding a private home with the builder. The claimant builders (S), then sought payment of the sum outstanding under the contract. M counterclaimed for the cost of remedying breaches of contract, i.e. the cost of making good and completing the work to an appropriate standard. Held: S's claims were dismissed. S was in breach of contract due to his failure to reasonably complete on time, his 'intemperate' behaviour and in his repeated demands to be paid sums in excess of what was due. M were entitled to treat S breaches of contract as a repudiation and to bring the contract to an end. The counterclaims were recoverable and thus allowed.