Cases - Bedfordshire County Council v Fitzpatrick
Record details
- Name
- Bedfordshire County Council v Fitzpatrick
- Date
- [1998]
- Citation
- EWHC 1633 (TCC)
- Legislation
- Keywords
- Construction claim - time for completion - invalid contract - setting aside
- Summary
-
The defendant contractors were engaged by the claimant council to carry out a rolling programme of maintenance works to highways in Bedfordshire. The date for commencement was 1 June 1996. the defendant sought to defer the start date after becoming worried about the true amount of work under the contract. No agreement was reached and 1 June passed without any works taking place. Accordingly, the claimant provided a notice to the defendant stating that unless works commenced by 15 June 1996, the defendant's employment would be terminated. On 15 June 1995, the council terminated the defendant's employment. On the facts, the Court held that it was unreasonable to require the contractors to commence work on 15 June: in the circumstances, the contractors harboured genuine concerns about the level of work, the amount of work to be carried out prior to 15 June was minimal, and the council was aware that the contractors were willing to fulfil its contractual obligations, subject to a delayed start.