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.