RWE Npower Renewables Ltd v J N Bentley Ltd

RWE Npower Renewables Ltd v J N Bentley Ltd

Section 2 of the works was not completed until the whole of the penstock pipeline had been completed and tested, as both Option X5 and clause 6.2 should be read together, requiring full completion by the stipulated date.

Parties
Claimant/respondent: RWE Npower Renewables Ltd; Defendant/appellant: J N Bentley Ltd
Jurisdiction
England and Wales
Judgment Date
19 February 2014
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Interpretation of Contract Terms, Sectional Completion, Liquidated Damages, Order of Precedence in Contract Documents
Contract Law Construction Law Interpretation of Contract Terms Sectional Completion Liquidated Damages Order of Precedence in Contract Documents

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Parties

RWE Npower Renewables Ltd

Claimant/respondent

J N Bentley Ltd

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether Bentley's obligation for completion of section 2 was governed by clause 6.2 of the Works Information or Option X5 in Part 1 of the Contract Data
  2. 2 Extent of Bentley's obligation regarding completion and testing of the penstock pipeline

Ratio Decidendi

Section 2 of the works was not completed until the whole of the penstock pipeline had been completed and tested, as both Option X5 and clause 6.2 should be read together, requiring full completion by the stipulated date.

Court Disposition

Appeal dismissed

Orders

  • Section 2 of the works not completed until whole penstock pipeline completed and tested
  • Bentley's obligation defined by harmonised reading of Option X5 and clause 6.2