- In brief: parties fail to include performance levels relevant to termination (Sutton v Rydon)
- Original news
- What was this case about?
- What did the court decide?
- What should construction lawyers take note of?
Construction analysis: Mr ter Haar QC in the Technology and Construction Court considered whether minimum acceptable performance levels (MAPs), which had been relied upon by the employer to terminate, were included in a maintenance and repair contract based on the National Housing Federation Form of Contract 2011. The court found that they were not included, rejecting the employer’s argument that examples provided in the contract showed how MAPs were to be calculated. The court thought that it should proceed with care before concluding that a party had the right to terminate a long term agreement where the contract was not clear as to the circumstances in which it could be terminated.
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