Yorkshire Water Services Ltd. v Taylor Woodrow Construction Northern Ltd. [2004] EWHC 1660 (TCC) (08 July 2004)

Yorkshire Water Services Ltd. v Taylor Woodrow Construction Northern Ltd. [2004] EWHC 1660 (TCC) (08 July 2004)

Yorkshire Water is entitled only to the contractual remedies expressly provided for defects and performance failures, not general damages, due to the operation of Clause 44.2. The contract's structured regime governs all relief, including liquidated damages and reimbursement for costs incurred in remedying defects. Claims must be strictly within the contract's terms.

Citation
[2004] EWHC 1660 (TCC)
Parties
Claimant/part 20 Defendant (1): Yorkshire Water Services Limited; Defendant/part 20 Claimant (1 & 2): Taylor Woodrow Construction Northern Limited; Part 20 Defendant (2)/part 20 Claimant (3): Biwater Treatment Limited; Part 20 Defendant (3): Elga Limited
Jurisdiction
England and Wales
Judgment Date
08 July 2004
Procedural Posture
Commercial Construction Contract Dispute / Final Judgment After Trial
Outcome
Claim allowed only to the extent of contractual remedies; general damages denied.
Legal Topics
Design and Build Contracts, Performance Guarantees, Liquidated Damages, Defects Liability, Limitation of Liability
Construction Law Contract Law Design and Build Contracts Performance Guarantees Liquidated Damages Defects Liability Limitation of Liability

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Parties

Yorkshire Water Services Limited

Claimant/part 20 Defendant (1)

Taylor Woodrow Construction Northern Limited

Defendant/part 20 Claimant (1 & 2)

Biwater Treatment Limited

Part 20 Defendant (2)/part 20 Claimant (3)

Elga Limited

Part 20 Defendant (3)

Procedural Posture

Commercial Construction Contract Dispute / Final Judgment After Trial

Legal Issues

  1. 1 Whether the SBR plant met contractual performance requirements
  2. 2 Entitlement to sums under contract for defects and performance failures
  3. 3 Applicability and scope of liquidated damages

Ratio Decidendi

Yorkshire Water is entitled only to the contractual remedies expressly provided for defects and performance failures, not general damages, due to the operation of Clause 44.2. The contract's structured regime governs all relief, including liquidated damages and reimbursement for costs incurred in remedying defects. Claims must be strictly within the contract's terms.

Court Disposition

Claim allowed only to the extent of contractual remedies; general damages denied.

Orders

  • Yorkshire Water may recover sums due under Sub-Clauses 34.8, 35.10/Schedule 10, 36.7, and 36.11, subject to proof and quantification.
  • Taylor Woodrow/Biwater's liability is limited to contractual remedies; no general damages awarded.