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

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

Claims under clause 16 of the building contract and collateral warranty did not survive the Notice of Completion of Making Good Defects; SSMC failed to prove actionable latent defects or breach by the Council under the 2006 agreement; Council acted reasonably in settlement and enforcement; all claims dismissed.

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
Civil / Final Judgment
Outcome
Claims dismissed
Legal Topics
Defects Liability, Collateral Warranty, Latent Defects, Limitation Period, Settlement Agreement, Remedial Works, Building Contract Interpretation
Construction Law Contract Law Defects Liability Collateral Warranty Latent Defects Limitation Period Settlement Agreement Remedial Works +1 more

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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 / Final Judgment

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 defects in flooring and paintwork constituted latent defects under the lease and 2006 agreement

Ratio Decidendi

Claims under clause 16 of the building contract and collateral warranty did not survive the Notice of Completion of Making Good Defects; SSMC failed to prove actionable latent defects or breach by the Council under the 2006 agreement; Council acted reasonably in settlement and enforcement; all claims dismissed.

Court Disposition

Claims dismissed