000			01494cab a2200193 4500
001			ABS48177
008			090401t1993 xxu||||| |||| 00| 0 eng d
035			_a(Sirsi) u65350
041			_aeng
245			_aD.O. Ferguson and Associates v Sohl
260			_c1993
350			_a0
490			_aConstruction Industry Law Letter _v1993 CILL 804-806(3)
520			_aCA 16 November 1992. The plaintiffs (F) were builders who agreed to carry out works for the defendant (S). These were set out in a priced specification and the final price including VAT was £32,194.25. Work began in March 1988 and after a number of disagreements stopped in June 1988. F left the site at the end of July at which stage the works had only been partly completed. F sued S and S counterclaimed. At the trial it was held that F had been in repudiatory breach of contract and that S was not to blame. It was also found that the value of work done was £22,065.75 whereas S had paid £26,738.75. However it was found that the cost to S of completing the contract was less than the balance due and S were therefore only awarded nominal damages of £1. S however still made a claim for repayment and the judge awarded £4,673 as money held and received by way of a restitutionary claim. F appealed on the grounds that S`s claim was soley one for common law damage and there was no valid course
650			_aRESTITUTIONARY CLAIM
690			_aBUILDING AND CONSTRUCTION-CASE LAW
942			_n0
948			_c04/03/1997
999			_c40751 _d40751