Callum Monro Morrison has prepared an article for LexisNexis on the case of Kang & Another v Pattar [2021] EWHC 1101 (TCC). The case concerned a typical construction dispute between dissatisfied homeowners and an unpaid builder.
The homeowners argued that the building work was defective, while the builder argued that the work was merely incomplete. The dispute encompassed a range of legal issues which commonly arise in such disputes.
The judgment therefore provides helpful insight into the ways in which the courts approach such matters as contract formation, agency and undisclosed principals, misrepresentation, ascertainment of contract terms, variation, repudiation and the quantification of damages, all in the challenging context of an informal, largely oral and multiply varied agreement between the parties.
The full article can be accessed by subscribers on the LexisNexis website.
