Ampurius Nu Homes Holdings Ltd v Telford Homes (Creekside) Ltd (2012) EWHC 1820
[edit] High Court (Chancery Division) (England and Wales) 2012
The claimant and the defendant (a construction company) entered into a contract for the construction and grant of long leases on a development scheme for which the defendant acquired the freehold. The defendant was required under the contract to proceed with 'due diligence' and to 'use reasonable endeavours' to complete the works by the target date. However, the defendant ran into financial difficulties ceased work.
The claimant alleged that this was a repudiatory breach, but did not terminate the contract for 11 months. It was the defendant who repudiated the contract.
Judgment was given in favour of the claimant.
In so doing, The court held that the defendant was in breach of the term of the contract requiring due diligence by failing to carry out the works assiduously or expeditiously. It was also held that although the breach may not have been repudiatory at the outset, it could become so over time if it deprived the innocent party of the benefit of a significant part of the contract. Negotiation over the course of the breach did not mean the claimant had affirmed the contract.
[edit] Court of Appeal (Civil Division) (England and Wales) 2013
In 2013 this decision was overturned by the Court of Appeal. It was not disputed that Telford had been in breach of contract, but the court held that an 18 month delay on a 999-year lease was not sufficient to constitute a repudiatory breach (a breach that it indicates one party no longer intends to accept its obligations under the contract, allowing the innocent party to terminate the contract and to sue for damages) and so did not entitle Ampurius to terminate the contract.
[edit] External references
Featured articles and news
The continued ISG fall out, where to go?
Support for ISG contractors, companies and employees.
New HES national centre for traditional building retrofit
Announced as HES publishes survey results which reveal strong support for retrofit.
Retrofit of Buildings, a CIOB Technical Publication
Expected to become one of the largest activities in the global construction industry.
The ECA industry focus video channel
Keeping update with the industry session by session.
Over 25 recorded informations sessions freely available.
AT Awards 2024 ceremony East London October 25th.
Revisiting the AT community at the 2023 awards evening.
The Community Housing Fund and built affordable homes
CLTN reviews the impact of the Fund and calls for extension.
The grading system of the Regulator for Social Housing
A background, an explanation and ten recent enforcements.
Construction, repair and maintenance. Book review.
Putting new life into a city with a 1900 year history.
BSRIA Briefing 2024: Sustainable Futures speakers
Redefining Retrofit for Net Zero Living 22 Nov.
Wall of support for post-Grenfell regulation of electricians
Call for a shake-up of the construction industry highlighted on radio.
Digital sustainability through future AEC tools
Bringing together industry and academia to meet challenges.
Skills gap for net zero highlighted to Minister for Industry
ECA convenes roundtable discussion at Portcullis House.
Evidencing Net Zero with the new UK buildings standard
Pilot version with detailed excel proforma out now!
Scottish Building Safety Levy, in consultation
From direct remediation and the RPDT, to the costs and alternatives.
Waves of warmer homes grants for the rental sector
Boosting energy efficiency standards for all rented homes.
A refocus of the National Planning Policy Framework
Key terms described in brief, as the consultation closes the evening of the 24th.
Fortified farmhouses of the unruly 16th-and 17th-century borders.