Construction of development – delay in completion – repudiatory breach

Ampurius Nu Homes Holdings Ltd v Telford Homes (Creekside) Ltd [2013] EWCA Civ 577 (23 May 2013)

In this case the respondent (Telford) entered into an agreement for lease with the appellant (Ampurius) to develop and build four mixed-use blocks and to use reasonable endeavours to procure completion of the works by specified target dates. Work on two blocks was completed late and work on the other two blocks was suspended due to funding problems. Shortly after work resumed on the two part-developed blocks Ampurius sought to terminate the agreement on the footing that that there had been a repudiatory breach byTelford.