Design and build contract – notice to complete – time of the essence – unreasonable delay – repudiation

Urban (Blonk Street) Ltd v Simon martin Ayres and Nicola Jane Ayres [2013] EWCA Civ 816 (5 July 2013)

In January 2007 the claimant developer (D) of a mixed use commercial and residential scheme in Sheffield, entered into an agreement for lease with the defendant purchasers (P) of a flat within the development. The agreement was subject to the Standard Conditions of Sale (4th ed), supplemented by Special Conditions. The sale was off-plan. The purchase price was £172,950. A deposit of 10% was paid. D was to build the development in accordance with the relevant planning and building consents and other plans and specifications provided. When the flat was complete, as defined, D’s solicitors were to give written notice to P’s solicitors and completion was to take place on or before 10 days of that notice.