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ARTICLE · 18 APRIL 2016

Giving Notice To Complete

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Naomi Campbell examines the role of notices to complete in property transactions and discusses how they should and should not be deployed against a party in breach of its contractual obligations.

United KingdomReal Estate and Construction
Naomi Campbell
Naomi Campbell

This article was first published in Estates Gazette on 27 February 2016 and is reproduced with permission.

Naomi Campbell examines the role of notices to complete in property transactions and discusses how they should and should not be deployed against a party in breach of its contractual obligations.

In most contractual disputes, where one party is in breach of its obligations under the contract, the "innocent" party will wish to claim damages for the loss it has suffered as a result of the "guilty" party's breach. However, where the contract is for the sale and purchase of a property, the non-defaulting party may not be able to produce evidence of significant monetary losses and may prefer to pursue alternative remedies, such as specific performance. Alternatively, if the non-defaulting party cannot prove any loss, and does not wish to enforce the terms of the contract, it might ask its advisers whether it can terminate the contract as a whole and either

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