The legal issue of the case
Deep Blue Pools Ltd is a company that manufactures and installs high-quality swimming pools. It contracted with Gainsborough Construction Ltd to build swimming pools for ten luxury properties. In the contract they specified that the depth of the pools should be 2.4m, but after their installation, it became clear that each pool was shallower by 25 to 50cm at different points.
Deep Blue Pools Ltd received £265,600 to do the work. However, after their installation, the measures according to the contract were not exact to those stated in the contract that the two parties agreed upon. The two companies explicitly agreed on the characteristics of the swimming pools. The company that should build the pools according to the contract terms failed to do so. They breached the contract, which means they failed to perform a contractual obligation. For this reason Gainsborough Construction is claiming £312,680 to demolish and rebuild the pools with a depth of 2.4m.
Letter of advice
Company Gainsborough Construction Ltd contacted us for legal advice:
Long Road 5
London
W7 1B
5 April 2015
Company Gainsborough Construction Ltd
Last Street 1
LONDON
W11 2A
2015/35
Dear Sirs
Thank you for contacting us to help you with your legal question.
From the description of the facts of the case can be concluded that the Deep Blue Pools Ltd breached the contract because they built the pools shallower than the depth of 2.4m specified in the contract. This can interpret that Deep Blue Pools Ltd has breached the contract because they did not build the pools in the size that the both parties had agreed on.
The other party did not respect the essential term of the contract. This is the reason why the breach of the contract leads up to the inefficiency of the contract. The depth of the swimming pools is a requirement stated in the contract. The final depth of each of the pools that were built by Deep Blue Pools Ltd was not the same as the depth