Docklands Solicitor

Latest legal news from Docklands Solicitors, Kaslers Solicitors LLP.

Friday, 14 January 2011


Commercial contracts

Proper Preparation Prevents Pathetically Poor Performance

In any large project, it is important to plan out exactly what needs to be done at every stage.  Yet another case has come before the court were both sides were alleging that the other was responsible for the contract going wrong.  It was for the design and information of a new computer system.

The system was not planned out in advance and the project started with the client still having to make some major decisions about how it should be developed.  The client did not make those decisions promptly and indeed, changed its mind on occasion.  The court described that conduct as a breach of contract but that it was not sufficiently serious to amount to a repudiatory breach-of-contract.

On the other hand, the contractor is indicated by their words and actions that they were completely fed up and wanted to get out of the contract.  The court held that the contractor had committed a repudiatory breach-of-contract for which they should pay damages

For whatever reasons, the client decided not to upgrade their computer system but to modify their old one.  The contractor had to pay for that, less the cost of the new system as finally agreed after all the variations.  The court awarded well over £1 million


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Call Michael Breeze on 07900 195 195 or call 0845 270 2511 to if you need legal advise about any of these issues

Kaslers Solicitors LLP is a limited liability partnership registered in England under LLP no. OC310653; authorised and regulated by the Solicitors Regulation Authority under reg no 408936; governed by professional rules set out in the Code of Conduct click here to visit and has its registered office / main trading address at Suite 3, 10 Churchill Square, Kings Hill, West Malling, Kent ME19 4YU - tel: +44 (0)845 270 2511; fax: +44 (0)845 270 2513; DX 92863 West Malling.
The LLP Members are Michael D Breeze LL.B (Hons) (SRA reg no 110184) and Simon McCree Scott LL.B (Hons) (SRA reg no 298202).