Kleidon v Pollard (click here for decision)

• Plaintiff’s Solicitor – Marc O’Donoghue, Construction Law MD
• Plaintiff’s Counsel – Robert Gallo, Sir Harry Gibbs Chambers

Issue

• Home owner & builder signed a contract.
• Builder did not undertake any works under the contract.

Our case

• The builder has repudiated the contract.
• Repudiation is when a party to an agreement/contract, refuses to perform a duty or obligation owed to the other party under that agreement. Repudiation is seen to be as quite a “serious matter and is not to be lightly found”: Shevill v Builders Licensing Board (1982)1. Courts are hesitant to interfere in private agreements, and therefore it must be clear through conduct or communication that a party to an agreement has repudiated.

Decision

• Verdict for the Plaintiffs 👍