Clerical Medical Investment Group Ltd v Crest Nicholson (South West) Ltd & Ors [2006] EWHC 2481 (TCC) (08 September 2006)

Clerical Medical Investment Group Ltd v Crest Nicholson (South West) Ltd & Ors [2006] EWHC 2481 (TCC) (08 September 2006)

The cooling system is only required to achieve the summer design temperature of 24°C (±2°C) in office areas; the specification does not impose an obligation to design the cooling system to achieve the winter design temperature of 22°C. Designers are entitled to take into account the properties of blinds when sizing chilled beams, as the specification does not limit such consideration. Declarations regarding standard practice or hypothetical future rights are not appropriate.

Citation
[2006] EWHC 2481 (TCC)
Parties
Claimant: Clerical Medical Investment Group Limited; First Defendant: Crest Nicholson (South West) Limited; Second Defendant: Kier Regional Limited t/a Kier Building; Third Defendant: Hoare Lea and Partners
Jurisdiction
England and Wales
Judgment Date
08 September 2006
Procedural Posture
Construction Dispute / Judgment on Declarations
Outcome
Declarations granted in part; some declarations refused or to be reworded.
Legal Topics
Interpretation of Construction Contracts, Design Obligations, Heating and Cooling Systems, Specification Compliance, Declaratory Relief
Construction Law Contract Law Interpretation of Construction Contracts Design Obligations Heating and Cooling Systems Specification Compliance Declaratory Relief

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Parties

Clerical Medical Investment Group Limited

Claimant

Crest Nicholson (South West) Limited

First Defendant

Kier Regional Limited t/a Kier Building

Second Defendant

Hoare Lea and Partners

Third Defendant

Procedural Posture

Construction Dispute / Judgment on Declarations

Legal Issues

  1. 1 Whether the cooling system must achieve 22°C in winter or only 24°C in summer
  2. 2 Whether the designer can take account of blinds when sizing chilled beams
  3. 3 Whether the specification imposes obligations regarding blinds

Ratio Decidendi

The cooling system is only required to achieve the summer design temperature of 24°C (±2°C) in office areas; the specification does not impose an obligation to design the cooling system to achieve the winter design temperature of 22°C. Designers are entitled to take into account the properties of blinds when sizing chilled beams, as the specification does not limit such consideration. Declarations regarding standard practice or hypothetical future rights are not appropriate.

Court Disposition

Declarations granted in part; some declarations refused or to be reworded.

Orders

  • Declaration reflecting true construction of cooling system obligations granted.
  • Declaration distinguishing dry resultant design temperatures and control air temperatures to be reworded.