Source: All England Reporter
Publisher Citation: [2013] All ER (D) 01 (May)
Neutral Citation: [2013] EWHC 978 (TCC)
Court: Queen's Bench Division, Technology and Construction Court

Mr Justice Akenhead

Representation Fiona Parkin QC and Simon Crawshaw (instructed by Kirsty Hession) for RWE.
  Marion Smith (instructed by Freeth Cartwright LLP) for JNB.
Judgment Dates: 22 April 2013


Building contract - Construction - Rules of construction for building contracts - Claimant company (RWE) contracting with defendant company (JNB) to carry out civil engineering work for hydro-electric plant - Contract setting out stages for work to be carried out - Delays arising - Parties seeking adjudication - Adjudicator finding in JNB's favour - RWE commencing proceedings - RWE seeking declaration and decision that completion of second section of work actually completion of items including pipelines and associated facilities - Whether RWE's submissions to be preferred.

The Case

Building contract Construction. The Technology and Construction Court considered the wording of documents relating to a contract between the parties to construct hydro-electric facilities in Scotland. The court held that a declaration would be made stating that to achieve completion of the second section of the works, the defendant company would be required to undertake certain engineering work.

Practice Areas

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