Strachan & Henshaw Ltd v Stein Industrie (UK) Ltd & Anor [1997] EWCA Civ 2940 (9 December 1997)

Strachan & Henshaw Ltd v Stein Industrie (UK) Ltd & Anor [1997] EWCA Civ 2940 (9 December 1997)

The instruction to relocate tea cabins and clocking station did not constitute a 'variation' under Condition 27 as it did not alter the work to be done under the contract. Condition 44.4, properly construed, barred all claims for damages for breach of contract and misrepresentation arising in connection with the contract, and thus S&H's claims failed.

Citation
[1997] EWCA Civ 2940
Parties
Plaintiff (respondent): Strachan & Henshaw Limited; Defendant (appellant): Stein Industrie (UK) Limited; Defendant (appellant): GEC Alsthom Limited
Jurisdiction
England and Wales
Judgment Date
09 December 1997
Procedural Posture
Appeal From High Court (queen's Bench Division, Official Referee's Business) / Court of Appeal Judgment
Outcome
Defendants' appeal allowed; Plaintiff's appeal dismissed
Legal Topics
Contract Interpretation, Variation Clauses, Limitation of Liability, Misrepresentation, Damages, Order of Precedence in Contract Documents
Construction Law Contract Law Arbitration Contract Interpretation Variation Clauses Limitation of Liability Misrepresentation Damages +1 more

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Parties

Strachan & Henshaw Limited

Plaintiff (respondent)

Stein Industrie (UK) Limited

Defendant (appellant)

GEC Alsthom Limited

Defendant (appellant)

Procedural Posture

Appeal From High Court (queen's Bench Division, Official Referee's Business) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the instruction to relocate tea cabins and clocking station constituted a 'variation' under Condition 27 of the MF/1 General Conditions
  2. 2 Whether Condition 44.4 of the MF/1 General Conditions barred claims for damages for breach of contract and misrepresentation

Ratio Decidendi

The instruction to relocate tea cabins and clocking station did not constitute a 'variation' under Condition 27 as it did not alter the work to be done under the contract. Condition 44.4, properly construed, barred all claims for damages for breach of contract and misrepresentation arising in connection with the contract, and thus S&H's claims failed.

Court Disposition

Defendants' appeal allowed; Plaintiff's appeal dismissed

Orders

  • Declarations made as per paragraphs 2(1) and (2) of the notice of appeal
  • Order for costs in terms set out on page 4 of the notice of appeal