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Failure to accept settlement offer concerning defective roof not a basis for costs penalty
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The Court of Appeal: (a) dismisses appeal from the High Court, and affirms decision to grant specific performance of a building agreement, requiring the contractor to replace the roof structure of a duplex dwelling, on the grounds that replacing the roof was reasonable to meet the plaintiffs' expectations from the outset; but (b) allows appeal from costs order against the plaintiffs for failing to accept an earlier settlement offer, on the grounds that, if the contractor had been serious about settling the case, it could have lodged money in court, or offered to replace the roof.
Duplex dwelling, specific performance, building agreement, roof structure replacement, Court of Appeal, High Court, settlement offer, costs order, litigation, contractor, plaintiffs, expert determination, remediation works, construction dispute, Arbitration Act 2010, UNCITRAL Model Law, Mediation Act 2017, Legal Services Regulation Act 2015, access to courts, case management.
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