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Angus Joinery Limited v. James and Valerie McKay, Sheriff Davidson, Dundee Sheriff Court, 16 November 2010


The pursuers and defenders entered into a contract for the supply and installation by the pursuers of six hardwood traditional sash and case windows, at the defenders' home. The defenders had attended at the pursuer's premises and had selected the particular windows which they wished installed conform to the sample then exhibited to them. A window surveyor thereafter attended at the defenders' home to take measurements for the windows whereafter the windows were manufactured specifically in implement of this contract.

The installation was not satisfactory. There were a significant number of serious defects. After the defenders' refusal to pay for the unsatisfactory services, the pursuers raised an action for payment against them. The defenders disputed this action on the basis that the defects were the result of poor installation, and accordingly, the pursuers had materially breached their contract in refusing to complete remedial works or facilitate replacement of the windows.

Having heard evidence and submissions, the court found for the defenders. The Sheriff ruled that the defects could not be repaired by remedial works, and that complete replacement of the windows was required. By refusing to return to complete and remedy their contractual performance, the pursuers put themselves in material breach of contract. Considering a reasonable estimate for replacement of the windows, and also the fact that the defenders had suffered considerable distress and inconvenience as a consequence of the pursuers' material breach of contract (and the prolonged disruption to their home), the Sheriff granted decree for damages of the sum of £11,750.