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Building Law Monthly

Express termination clauses to be interpreted strictly

In Struthers v Alastair Davies (t/a Alastair Davies Building) [2022] EWHC 333 (TCC) it was held that the claimants had not been entitled to terminate their contract with the defendant pursuant to an express term of the contract because the termination notice given to the defendant had been given by the wrong party. In so concluding the court confirmed that termination clauses are to be interpreted “strictly”. However, the claimants were nevertheless held to be entitled to terminate the contract because the defendant had committed a repudiatory breach of contract at common law and were entitled to recover damages in respect of the losses which they had sustained as a result of the defendant’s breach of contract.

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