Citation: [2024] EWHC 1510 (TCC)
The TCC ruled that J&BH committed repudiatory breach of contract by preventing A&V from completing plumbing works at the Moulsecoomb Campus project. As a result, A&V was entitled to accept the repudiation and cease work.
Background
- This case is the judgment following trial of the disputes between the parties, after four prior judgments concerning enforcement of an adjudicator’s award and interlocutory matters. The issue arose from the taking of a final account under a construction sub-contract for plumbing works carried out by A&V at a new student accommodation development, known as the Moulsecoomb Campus, for the University of Brighton.
- Bouygues UK Ltd was the main contractor, J&BH was the main sub-contractor and engaged A & V to carry out plumbing works. A&V left the Project in March 2021, at a time when it accepts the sub-contract works were incomplete.
Conclusion
- The court considered in detail the factual circumstances, which included issues of delay, whose responsibility that was, lack of proper notice for work and also allegations of inferior quality work.
- It concluded that there were acts of prevention by J&BH and it had failed to properly consider A&V’s application for an extension of time. J&BH had also committed a repudiatory breach of the contract by removing A&V from the IAuditor system, combined with other actions such as imposing labour on A&V.
- It was clear that J&BH had decided that A&V would not be permitted to complete its works. J&BH had no contractual right to terminate the agreement. A&V were entitled to accept that repudiation and did so by refusing to resume work.
- The Court also assessed the measured works and variations.
- However, the Court rejected A&V’s largest claims for delay related losses and wider business losses as a result of the termination.
Representation
- Alex Paduraru (a director of the Defendant) for the Claimant. James Frampton (Keating Chambers), instructed by Hawkswell Kilvington, for the Defendant.
- Full case: https://www.bailii.org/ew/cases/EWHC/TCC/2024/1510.html
