Swansea Stadium Management Company Ltd v City & County of Swansea & Anor

Swansea Stadium Management Company Ltd v City & County of Swansea & Anor

The Collateral Warranty was intended to have retrospective effect, making the cause of action accrue at practical completion (31 March 2005); the Original Construction Claims are statute-barred as proceedings were issued after the 12-year limitation period.

Parties
Claimant: Swansea Stadium Management Company Limited; First Defendant: City & County of Swansea; Second Defendant: Interserve Construction Limited
Jurisdiction
England and Wales
Judgment Date
15 August 2018
Procedural Posture
Civil / Summary Judgment Application
Outcome
Summary judgment granted in favour of Second Defendant on Original Construction Claims; paragraphs struck out; Claimant's claims confined to Clause 16 Claims.
Legal Topics
Collateral Warranty, Limitation Period, Practical Completion, Defects Liability, Summary Judgment
Construction Law Contract Law Collateral Warranty Limitation Period Practical Completion Defects Liability Summary Judgment

Case Brief

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Parties

Swansea Stadium Management Company Limited

Claimant

City & County of Swansea

First Defendant

Interserve Construction Limited

Second Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the Collateral Warranty has retrospective effect
  2. 2 When the cause of action accrued for limitation purposes
  3. 3 Whether practical completion occurred on 31 March 2005

Ratio Decidendi

The Collateral Warranty was intended to have retrospective effect, making the cause of action accrue at practical completion (31 March 2005); the Original Construction Claims are statute-barred as proceedings were issued after the 12-year limitation period.

Court Disposition

Summary judgment granted in favour of Second Defendant on Original Construction Claims; paragraphs struck out; Claimant's claims confined to Clause 16 Claims.

Orders

  • Summary judgment in favour of Second Defendant on claims in paragraphs 89(1) to (5) and 93(1) to (4) of Particulars of Claim; those paragraphs struck out.
  • Claimant’s claims in paragraphs 103-105 of Particulars of Claim confined to breaches alleged in paragraphs 89(6) and 93(5).