Amey Birmingham Highways Ltd v Birmingham City Council [2018] EWCA Civ 264 (22 February 2018)

Amey Birmingham Highways Ltd v Birmingham City Council [2018] EWCA Civ 264 (22 February 2018)

The contract, properly construed, required ABHL to update the entire Project Network Model, including the MINV and MSEC tables, to reflect the actual road network as it existed. ABHL's obligations extended to the whole network, not just the assets in the initial database. Milestone certificates 6 to 9 were issued based on manifest error and must be set aside.

Citation
[2018] EWCA Civ 264
Parties
Claimant/respondent: Amey Birmingham Highways Ltd; Defendant/appellant: Birmingham City Council
Jurisdiction
England and Wales
Judgment Date
22 February 2018
Procedural Posture
Appeal From Technology and Construction Court (tcc) / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Interpretation of PFI Contracts, Obligation to Update Project Network Models, Manifest Error in Certification, Remedies for Breach of Contract
Contract Law Construction Law Public Procurement Interpretation of PFI Contracts Obligation to Update Project Network Models Manifest Error in Certification Remedies for Breach of Contract

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Parties

Amey Birmingham Highways Ltd

Claimant/respondent

Birmingham City Council

Defendant/appellant

Procedural Posture

Appeal From Technology and Construction Court (tcc) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether ABHL was under a duty to update the MINV and MSEC tables in the Project Network Model (PNM)
  2. 2 Whether ABHL's obligations extended to the actual road network as it existed or only to the assets defined in the initial database
  3. 3 Whether milestone certificates 6 to 9 should be set aside for manifest error

Ratio Decidendi

The contract, properly construed, required ABHL to update the entire Project Network Model, including the MINV and MSEC tables, to reflect the actual road network as it existed. ABHL's obligations extended to the whole network, not just the assets in the initial database. Milestone certificates 6 to 9 were issued based on manifest error and must be set aside.

Court Disposition

Appeal allowed

Orders

  • Declarations to the same effect as those made by the adjudicator: (i) ABHL's obligations extend to the actual project network; (ii) ABHL must update the Project Network Model to reflect the actual network; (iii) Milestone certificates 6 to 9 are set aside for manifest error.