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Litigation Letter

Failure to complete house

Gemma Ltd v Gimson and another [2004] EWHC 1982 (TCC); [2004] All ER (D) 59

The claimant contracted to build a home for the defendants at a price in excess of £1m. Because of a dispute about whether the works had been completed, the claimant shut the defendants out for a period of eight months and sued for the unpaid balance of the price. The defendants successfully counterclaimed damages, which were assessed at 3% of the contract price, being about £35,000. They were also awarded damages for inconvenience, distress and anxiety of £4,500 (£50 a week) each, with £250 to each of their four children.

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