Bovis Lend Lease Ltd v. Braehead Glasgow Ltd [2000] EWHC Technology 108 (19th April, 2000)

Bovis Lend Lease Ltd v. Braehead Glasgow Ltd [2000] EWHC Technology 108 (19th April, 2000)

Braehead has a real prospect of successfully defending Bovis's claim and of succeeding on its counterclaim to a substantial extent. There are serious issues of fact regarding entitlement to extensions of time, causation of delays, and compliance with procedural requirements for deduction of LADs, which cannot be resolved without a full trial. Summary judgment or interim payment is inappropriate in light of these unresolved factual disputes.

Citation
[2000] EWHC Technology 108
Parties
Applicant/claimant: Bovis; Respondent/defendant: Braehead Glasgow Limited; Employer's Agent: MPM Capita; Quantity Surveyors: Messrs Cyril Sweet
Jurisdiction
England and Wales
Procedural Posture
Application for Summary Judgment And/or Interim Payment / Interlocutory (application for Summary Relief Under CPR Part 24 or Interim Payment Under Part 25)
Outcome
Applications dismissed
Legal Topics
Liquidated and Ascertained Damages (lads), Extensions of Time, Summary Judgment, Interim Payments, Counterclaims, Set Off, Procedural Requirements for Deductions
Construction Law Contract Law Civil Procedure Liquidated and Ascertained Damages (lads) Extensions of Time Summary Judgment Interim Payments Counterclaims +2 more

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Parties

Bovis

Applicant/claimant

Braehead Glasgow Limited

Respondent/defendant

MPM Capita

Employer's Agent

Messrs Cyril Sweet

Quantity Surveyors

Procedural Posture

Application for Summary Judgment And/or Interim Payment / Interlocutory (application for Summary Relief Under CPR Part 24 or Interim Payment Under Part 25)

Legal Issues

  1. 1 Whether Bovis is entitled to summary judgment or interim payment for interim applications 53 and 54
  2. 2 Whether Braehead is entitled to deduct liquidated and ascertained damages (LADs) for late completion
  3. 3 Whether Braehead can set off a counterclaim for damages for other breaches of contract

Ratio Decidendi

Braehead has a real prospect of successfully defending Bovis's claim and of succeeding on its counterclaim to a substantial extent. There are serious issues of fact regarding entitlement to extensions of time, causation of delays, and compliance with procedural requirements for deduction of LADs, which cannot be resolved without a full trial. Summary judgment or interim payment is inappropriate in light of these unresolved factual disputes.

Court Disposition

Applications dismissed

Orders

  • Applications by Bovis for summary judgment and/or interim payment are dismissed.
  • Unconditional permission to defend granted to Braehead.