THE SKY’S THE LIMIT TRANSFORMATIONS LTD v MIRZA

[2022] EWHC 29 (TCC), Technology and Construction Court, His Honour Judge Stephen Davies, 10 January 2022

Domestic property renovation building contract dispute – Procedure to be used for such cases – Damages

The claimant brought proceedings in which it sought payment from the defendant in respect of outstanding invoices and damages for loss of profit on the remaining works on a project to carry out alterations to a residential property. The defendant denied that there was any liability to pay the sums claimed when account was taken of matters such as the cost of remedying alleged defects in the works. Judge Davies held that the claimant was not entitled to further payment under the final account and he also concluded that, in the absence of a counterclaim made by the defendant, the defendant was not entitled to recover any sums which he had overpaid to the claimant.