E J W BUILDERS LTD AND ANOTHER v MARSHALL AND OTHERS

[2026] EWCA Civ 911, Court of Appeal Civil Division, Warby, Falk and Miles LJJ, 20 July 2026

Building contract – Whether parties had agreed to a profit share – Appeal on the facts

The dispute between the parties concerned the development of a property which had been run as a hotel. The defendants were the owners of the hotel and the claimants were builders. The claimants' case was that they had orally agreed a partnership with the defendants under which the claimants would do the building work on terms that they would be reimbursed the costs, a fee would be paid of £1,500 per week and that they would share the profits of the development. The profit share was said to be one third to the claimants and the balance to the defendants.