Appeal Decision ‘Raises Important Property Development Contract Issues’ Legal Expert Reacts To Ruling In Litigation Case 29.07.2013 By Rob Dixon The Court of Appeal’s recent decision in a case related to issues which arose after the construction of an apartment block finished seven months behind target completion offers important lessons on contract law issues, according to a property litigation specialist. The case of Urban I (Blonk Street) Ltd v Ayres and another related to a scenario in which a person was looking to buy an apartment in a new mixed commercial and residential development in Sheffield in 2007. Problems emerged when the completion of the development was delayed by around seven months after the original target, in which time the buyer had a mortgage offer withdrawn and subsequently wanted his contract to buy one of the flats to be terminated. However, the Court of Appeal has now ruled that the delay was not sufficient to allow the contract to be terminated. This was on the basis that a delay of one month between the earliest possible contractual completion date and B's purported termination could not be said to have deprived B of substantially the whole benefit of the contract where the contract was for a 125 year lease. Commenting on the case, Danny Revitt, a Partner and specialist in property litigation issues at Irwin Mitchell’s Sheffield office, said: “The facts in this case were common to many new developments, where delays can inevitably arise.” “Given the many factors that can inevitably cause delays, a developer is naturally reluctant to commit to a completion date. “On the flipside, this case highlights the difficulties that buyers can face if a longstop date, after which a contract can be terminated, is not agreed, especially when a mortgage can be hard to secure.” Read more about Irwin Mitchell's expertise related to Property Litigation Key contact Danny Revitt Partner +44 (0)770 352 5119 Email Danny Press contact Dave Grimshaw Press Officer 0114 274 4397 Email Dave Tags Litigation And Dispute Resolution Property Litigation Danny Revitt Sheffield Related articles 20.03.2019Government Issues Recommendation for Leasehold Reform 15.03.2019Irwin Mitchell Recruits Hundreds Of Volunteers For Red Nose Day 2019 15.03.2019Irwin Mitchell Scoops Hat-trick At Birmingham Law Society Legal Awards 13.03.2019Sheffield City Region Launches Global Innovation Corridor At MIPIM 2019 08.03.2019Irwin Mitchell Launches Women in Law Timeline 05.03.2019Does A Rest Break At Work Have To Be Continuous?