Greenwich Millennium Village Ltd v Essex Services Group Plc & Ors [2013] EWHC 3059 (TCC) (25 October 2013)

Greenwich Millennium Village Ltd v Essex Services Group Plc & Ors [2013] EWHC 3059 (TCC) (25 October 2013)

Essex and Hoare Lea breached their contractual and professional duties by failing to properly specify, coordinate, and inspect the surge arrestor installation and related valves, directly causing the catastrophic flooding and resulting losses. The warranties provided to GMVL were enforceable and not unilaterally varied. Essex, Hoare Lea, HSE, and Robson are liable in varying proportions for the remedial costs, subject to contribution and indemnity proceedings.

Citation
[2013] EWHC 3059 (TCC)
Parties
Claimant: Greenwich Millennium Village Limited; 1st Defendant/part 20 Claimant: Essex Services Group PLC; 3rd Party: HS Environmental Services Limited; 4th Party: W T Partnership Limited; 2nd Defendant/5th Party: Hoare Lea; 6th Party: D G Robson Mechanical Services Limited
Jurisdiction
England and Wales
Judgment Date
25 October 2013
Procedural Posture
TCC Construction Claim / Final Judgment After Trial
Outcome
Claim allowed; liability apportioned between Essex, Hoare Lea, HSE, and Robson.
Legal Topics
Professional Negligence, Design Liability, Subrogated Insurance Claims, Contractual Warranties, Contribution and Indemnity, Causation, Remedial Damages
Construction Law Contract Law Tort Law Professional Negligence Design Liability Subrogated Insurance Claims Contractual Warranties Contribution and Indemnity +2 more

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Parties

Greenwich Millennium Village Limited

Claimant

Essex Services Group PLC

1st Defendant/part 20 Claimant

HS Environmental Services Limited

3rd Party

W T Partnership Limited

4th Party

Hoare Lea

2nd Defendant/5th Party

D G Robson Mechanical Services Limited

6th Party

Procedural Posture

TCC Construction Claim / Final Judgment After Trial

Legal Issues

  1. 1 Whether Essex and Hoare Lea breached design and inspection obligations under contract and warranty
  2. 2 Whether Essex, HSE, and Robson were responsible for installation failures causing flooding
  3. 3 Causation of flooding: role of isolation valve and non-return valve

Ratio Decidendi

Essex and Hoare Lea breached their contractual and professional duties by failing to properly specify, coordinate, and inspect the surge arrestor installation and related valves, directly causing the catastrophic flooding and resulting losses. The warranties provided to GMVL were enforceable and not unilaterally varied. Essex, Hoare Lea, HSE, and Robson are liable in varying proportions for the remedial costs, subject to contribution and indemnity proceedings.

Court Disposition

Claim allowed; liability apportioned between Essex, Hoare Lea, HSE, and Robson.

Orders

  • GMVL awarded £4.75 million plus interest against Essex and Hoare Lea, subject to contribution proceedings.
  • Essex and Hoare Lea ordered to pay remedial costs and losses as apportioned.