Scenario

Flightside Development Limited (FDL) are a regional developer. You are a surveyor on their staff.
FDL are completing redevelopment of their hotel. Their usual painting and decorating sub-contractor have had to pull out of the work at short notice. A newly hired junior colleague, Sam, has recommended Bodgitt and Runn (B&R) as ‘fast’ replacements to enable work to continue on time. Sam told FDL that B&R were ‘hardworking and honest’ and that they had worked with Sam on a number of previous projects ‘to the great satisfaction of customers’. Sam did not disclose that they were a Director of B&R and the life partner of B&Rs Principal. On the basis of Sam’s recommendation, FDL did not carry out any further checks and retained B&R.
The contract required B&R to use a specific brand and shade of paint. B&R did not use the specified paint, although the paint used is a similar colour, and the finish is already deteriorating, even though the work is not yet completed. Flightside will have to hire another contractor to complete the work satisfactorily.
The Directors of Flightside wish to understand the legal position regarding the validity of the contract with B&R, the impact of the specific contractual clause, and the remedy(ies) available to them.

Task

Write a report advising Flightside Development Ltd. Your report must provide legal advice and
you should:

• Describe the broad area of contractual defect set out in the scenario above;
• Critically discuss the specific form of contractual defect presented, based on scenario facts and using appropriate legal principles;
• Examine the legal importance of the contract clause stated, explaining its precise nature and meaning to the Directors; and
• Advise, based on the evaluation set out in points a–c above, on any remedy(ies) that might be available to Flightside Developments.