The defendant agreed to construct 287 dwellings for the plaintiff. There were disputes on various matters and an arbitration took place. Eleven issues were appealed.
Held: There was an implied term that the plaintiff would not hinder the defendant in its performance, and that the parties would do what they could to achieve performance. The plaintiff’s architect in particular was obliged to supply accurate specifications.
Judges:
Vinelott J
Citations:
(1985) 32 BLR 51
Jurisdiction:
England and Wales
Cited by:
Cited – Persimmon Homes (South Coast) Ltd v Hall Aggregates (South Coast) Ltd and Another TCC 10-Oct-2008
The parties had agreed for the sale of land under an option agreement. The builder purchasers now sought to exercise rights to adjust the price downwards.
Held: The provisions had been intended and had achieved a prompt and binding settlement . .
Lists of cited by and citing cases may be incomplete.
Construction
Updated: 05 May 2022; Ref: scu.277769