Wards Solicitors’ James Murray represented homeowners, Mr and Mrs Hurden, in the recently published case of Melhuish & Saunders Ltd v Hurden and another  EWHC 3119 (TCC). This long and complicated case presented a number of interesting points for consideration that should be borne in mind for people involved in or contemplating a claim against a building contractor.
HHJ Havelock-Allan QC considered a contractor’s claim for outstanding fees and the home owners’ substantial counterclaim for remedial works. The judgment looks at a number of factors, including the appropriate remedial scheme, the home owners’ alleged failure to mitigate their loss, whether a claim should be made under a NHBC policy and the recovery of damages for distress and inconvenience.
Although the judgment did not actually change the law through setting a new precedent, it did provide a clear reminder of some of the key areas a court will consider, when reviewing a building dispute at this level. For example, the court decided:
For more information on construction disputes you can talk to James Murray.
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