Lenz Moreton Building and Construction Law

Kleidon v Pollard (click here for decision)

  • Plaintiff’s Solicitor – Marc O’Donoghue, Lenz Moreton Building & Construction Law
  • 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 👍