Swansea Stadium Management Company Ltd v City & County of Swansea & Anor [2019] EWHC 989 (TCC) (17 April 2019)

Swansea Stadium Management Company Ltd v City & County of Swansea & Anor [2019] EWHC 989 (TCC) (17 April 2019)

SSMC's claims against Interserve for breach of clause 16 obligations fail because the Notice of Completion of Making Good Defects is conclusive as to defects liability machinery, and any claim under the collateral warranty is statute barred. The Council cannot be in breach of its obligations under the 2006 agreement to enforce rights under the building contract after the Notice was issued. The 2012 settlement agreement further compromised any clause-16 claims between the Council and Interserve.

Citation
[2019] EWHC 989 (TCC)
Parties
Claimant: Swansea Stadium Management Company Limited; First Defendant: City & County of Swansea; Second Defendant: Interserve Construction Limited
Jurisdiction
England and Wales
Judgment Date
17 April 2019
Procedural Posture
Commercial Construction Dispute / Final Judgment After Trial
Outcome
Claims dismissed
Legal Topics
Defects Liability, Collateral Warranties, Latent Defects, Limitation Periods, Settlement Agreements
Construction Law Contract Law Defects Liability Collateral Warranties Latent Defects Limitation Periods Settlement Agreements

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Parties

Swansea Stadium Management Company Limited

Claimant

City & County of Swansea

First Defendant

Interserve Construction Limited

Second Defendant

Procedural Posture

Commercial Construction Dispute / Final Judgment After Trial

Legal Issues

  1. 1 Whether Interserve breached its obligations under clause 16 of the building contract to identify and make good defects during the Defects Liability Period
  2. 2 Whether the Council breached its obligations under the 2006 agreement to take all reasonable steps to enforce its rights under the building contract
  3. 3 Whether SSMC's claims are statute barred

Ratio Decidendi

SSMC's claims against Interserve for breach of clause 16 obligations fail because the Notice of Completion of Making Good Defects is conclusive as to defects liability machinery, and any claim under the collateral warranty is statute barred. The Council cannot be in breach of its obligations under the 2006 agreement to enforce rights under the building contract after the Notice was issued. The 2012 settlement agreement further compromised any clause-16 claims between the Council and Interserve.

Court Disposition

Claims dismissed

Orders

  • SSMC's claims against Interserve dismissed
  • SSMC's claims against the Council dismissed