Substantial Performance CASES

Lady justice next to law books

Hoenig v Isaacs [1952] EWCA Civ 6 (13 February 1952)

A contractor completed decorating work with some defects. The client refused to pay the balance, arguing the contract was not wholly performed. The court held that as the contract was substantially performed, the contractor was entitled to the full price, less the cost of rectifying the defects. Facts The plaintiff, Mr Hoenig, a decorator, was contracted by the defendant, Mr Isaacs, to decorate and furnish the defendant’s one-room flat for a lump sum of £750. The terms stipulated that payment would be made as the work proceeded, with the balance due on completion. The defendant paid £400 in instalments but

Lady justice with law books

Bolton v Mahadeva [1972] EWCA Civ 5 (13 April 1972)

Facts The plaintiff, Mr Bolton, agreed to install a combined central heating and hot water system in the defendant’s, Mr Mahadeva’s, home for a lump sum price of £560. Upon completion, the defendant complained that the system was defective. The defects were significant: the system failed to heat the house adequately, with the heat output being substantially lower than it should have been, and it produced fumes in the living room, making it uncomfortable and unsafe. The cost to remedy these defects was assessed by the trial judge to be £174.50. The defendant refused to pay any portion of the