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Contract law help pls
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I am working on a hypothetical scenario given by the university....
If the builder has started work, I have already given him the first instalments, however I soon realised that the work he has completed is off poor quality, so I asked him to stop so that I can find someone else more skilful to complete it.
Am I in breach of the contract, can the build claim anything from me in return ?
Thanks
If the builder has started work, I have already given him the first instalments, however I soon realised that the work he has completed is off poor quality, so I asked him to stop so that I can find someone else more skilful to complete it.
Am I in breach of the contract, can the build claim anything from me in return ?
Thanks
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Maybe.
If the builder has committed a repudiatory breach of contract by completing poor quality work, then you don't commit a breach of contract by terminating the contract. If the builder hasn't committed a repudiatory breach then your wrongful prevention of his continuing the work is a breach of contract.
I suppose a building contract will usually have specific terms as to quality. In their absence, s 13 SGSA 1982 just says that the work must be carried out with reasonable care and skill. It's an innominate term so whether a breach of it entitles the other party to terminate will depend on the seriousness of the breach. So it will depend on the facts. If he's messed up a little bit of paint work on the skirting board you can't terminate. If he's building the house out of matchsticks instead of bricks you can...
If the builder has committed a repudiatory breach of contract by completing poor quality work, then you don't commit a breach of contract by terminating the contract. If the builder hasn't committed a repudiatory breach then your wrongful prevention of his continuing the work is a breach of contract.
I suppose a building contract will usually have specific terms as to quality. In their absence, s 13 SGSA 1982 just says that the work must be carried out with reasonable care and skill. It's an innominate term so whether a breach of it entitles the other party to terminate will depend on the seriousness of the breach. So it will depend on the facts. If he's messed up a little bit of paint work on the skirting board you can't terminate. If he's building the house out of matchsticks instead of bricks you can...
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