An appeal against an arbitrator’s decision included these key questions. If a contractor suspends works under a construction contract for non-payment - wrongfully (because it transpires that it has already been paid), is that a repudiatory breach of contract that entitles the other party to bring further contractual performance to an end and sue for damages? As a matter of general principle, said the court, there is no simple answer as it will depend on the terms of the contract, the breach or breaches of contract and all the facts and circumstances of the case.

And if a contract administrator fails to require the contractor to remedy defective works, is the contractor then excused from compliance with the contract drawings? The court confirmed that a contractor, in breach of contract in carrying out defective works, is not relieved of liability by any implied approval derived from the contract administrator’s failure to draw the contractor’s attention to defective works which should have been apparent when the contract administrator attended the site.

Mayhaven Healthcare Limited v David and Teresa Bothma [2009] EWHC 2634 (TCC)