North Midland Construction Plc v A E & E Lentjes UK Ltd

North Midland Construction Plc v A E & E Lentjes UK Ltd

The enabling and civil works do not fall within the exclusion in s.105(2)(c)(i) but are construction operations under s.105(1), so the Act applies to the contracts. The court declines to make declarations regarding design responsibility and alleged changes to earth bonding due to lack of clarity and factual disputes.

Parties
Claimant: North Midland Construction PLC; Defendant: AE&E Lentjes UK Limited
Jurisdiction
England and Wales
Judgment Date
18 June 2009
Procedural Posture
Part 8 Claim / Judgment
Outcome
Declarations granted in part; Act applies to contracts. Declarations regarding earth bonding design responsibility and change denied.
Legal Topics
Statutory Interpretation, Applicability of Housing Grants Construction and Regeneration Act 1996, Construction Operations Definition, Process Engineering Exclusions, Design Responsibility
Construction Law Contract Law Statutory Interpretation Applicability of Housing Grants Construction and Regeneration Act 1996 Construction Operations Definition Process Engineering Exclusions Design Responsibility

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Parties

North Midland Construction PLC

Claimant

AE&E Lentjes UK Limited

Defendant

Procedural Posture

Part 8 Claim / Judgment

Legal Issues

  1. 1 Whether enabling and civil works fall within the exclusion in s.105(2)(c)(i) of the Housing Grants Construction and Regeneration Act 1996
  2. 2 Whether the works are 'construction operations' under s.105(1)
  3. 3 Responsibility for design of foundation earth bonding

Ratio Decidendi

The enabling and civil works do not fall within the exclusion in s.105(2)(c)(i) but are construction operations under s.105(1), so the Act applies to the contracts. The court declines to make declarations regarding design responsibility and alleged changes to earth bonding due to lack of clarity and factual disputes.

Court Disposition

Declarations granted in part; Act applies to contracts. Declarations regarding earth bonding design responsibility and change denied.

Orders

  • Declaration that enabling and civil works are construction operations under s.105(1) and not excluded by s.105(2)(c)(i), so the Act applies.
  • No declaration as to design responsibility for foundation earth bonding.