There had been a very substantial construction project, in which certain facets of design were sub-contracted and sub-contracted again to the parties. There were substantial delays and a sub-contractor purported to terminate the contract for failing to complete it within a reasonable time. The judge had found substantial and wide ranging delays.
Held: The claimant had failed to establish that time had been made of the essence or what would be a reasonable time for performance so as to alow it to repudiate the contract.
Judges:
May, Jacob, Lloyd LJJ
Citations:
[2005] EWCA Civ 1359
Links:
Jurisdiction:
England and Wales
Citing:
See Also – Shawton Engineering Ltd v DGP International Ltd and Another CA 19-Dec-2003
. .
Cited – Hick v Raymond and Reid HL 1893
The House was asked whether the consignee of a cargo was in breach of a contractual obligation to discharge the relevant vessel within a reasonable time, that is to say, a single obligation to do something within a reasonable time, rather than an . .
Cited – Charles Rickards Ltd v Oppenheim CA 1950
A buyer of a Rolls-Royce motor chassis agreed for a body to be built upon it by a fixed date. The body was not completed by that date, but after pressing for delivery, he gave a notice that unless delivery of the car with a completed body was . .
Cited – Behzadi v Shaftsbury Hotels CA 1992
The court must distinguish between an open contract such as Green v Sevin where no date for completion is fixed by the contract and the more normal case where a completion date is fixed but time is not of the essence of the date specified. In the . .
Cited – Amalgamated Building Contractors v Waltham Holy Cross Urban District Council 1952
Where a contract made explicit allowance for extensions of time for performance, extensions could be granted retrospectively. . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 28 June 2022; Ref: scu.235027
