Balfour Beatty Regional Construction Ltd v Grove Developments Ltd [2016] EWCA Civ 990 (13 October 2016)

Balfour Beatty Regional Construction Ltd v Grove Developments Ltd [2016] EWCA Civ 990 (13 October 2016)

The contract, as amended by the Tumber schedule, provided for interim payments only up to the contractual date for practical completion (valuation 23). There was neither an express nor implied term for further interim payments. The contract satisfied statutory requirements, so the Scheme did not apply. No fresh agreement was reached for interim payments after valuation 23.

Citation
[2016] EWCA Civ 990
Parties
Defendant/appellant: Balfour Beatty Regional Construction Limited; Claimant/respondent: Grove Developments Limited
Jurisdiction
England and Wales
Judgment Date
13 October 2016
Procedural Posture
Appeal From Technology and Construction Court, Queen's Bench Division / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Interim Payments, Contract Interpretation, Implied Terms, Statutory Compliance, Scheme for Construction Contracts
Construction Law Contract Law Interim Payments Contract Interpretation Implied Terms Statutory Compliance Scheme for Construction Contracts

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Balfour Beatty Regional Construction Limited

Defendant/appellant

Grove Developments Limited

Claimant/respondent

Procedural Posture

Appeal From Technology and Construction Court, Queen's Bench Division / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the contractor was entitled to interim payments after the contractual date for practical completion
  2. 2 Whether the contract complied with sections 109 and 110 of the Housing Grants, Construction and Regeneration Act 1996
  3. 3 Whether a separate agreement for interim payments was reached after valuation 23

Ratio Decidendi

The contract, as amended by the Tumber schedule, provided for interim payments only up to the contractual date for practical completion (valuation 23). There was neither an express nor implied term for further interim payments. The contract satisfied statutory requirements, so the Scheme did not apply. No fresh agreement was reached for interim payments after valuation 23.

Court Disposition

Appeal dismissed

Orders

  • Declaration that the Defendant has no contractual right to make Interim Application no.24 (or any subsequent application) and has no right to be paid in respect thereof.