Bungalow Brouhaha—an object lesson in residential construction disputes (Kang v Pattar)

Article summary

Construction analysis: This case concerned a typical construction dispute between dissatisfied homeowners and an unpaid builder. The homeowners argued that the building work was defective, while the builder argued that the work was merely incomplete. The dispute encompassed a range of legal issues which commonly arise in such disputes. The judgment therefore provides helpful insight into the ways in which the courts approach such matters as contract formation, agency and undisclosed principals, misrepresentation, ascertainment of contract terms, variation, repudiation and the quantification of damages, all in the challenging context of an informal, largely oral and multiply varied agreement between the parties. In summary, Her Honour Judge Sarah Watson, sitting in the Technology and Construction Court in Birmingham, held that the defendant builder, Mr Pattar, was not in breach and that the claimant homeowners had repudiated the agreement by failing to—(i) make payment to the defendant, and (ii) invite the defendant to resume his building work. The claim was dismissed and the...