Vinci Construction UK Ltd v Beumer Group UK Ltd [2017] EWHC 2196 (TCC) (30 August 2017)

Vinci Construction UK Ltd v Beumer Group UK Ltd [2017] EWHC 2196 (TCC) (30 August 2017)

On a proper construction of the Subcontract, as amended by the Settlement Agreement, the works falling within section 5 and section 6 are sufficiently identifiable and certain so that the sectional completion and delay damages provisions are operable and enforceable.

Citation
[2017] EWHC 2196 (TCC)
Parties
Claimant: VINCI CONSTRUCTION UK LIMITED; Defendant: BEUMER GROUP UK LIMITED
Jurisdiction
England and Wales
Judgment Date
30 August 2017
Procedural Posture
Commercial Construction Dispute (tcc) / Trial Judgment
Outcome
Declaratory relief granted in favour of Vinci; provisions for sectional completion and delay damages are valid and enforceable.
Legal Topics
Contract Interpretation, Liquidated Damages, Sectional Completion, Uncertainty in Contracts
Construction Law Contract Law Contract Interpretation Liquidated Damages Sectional Completion Uncertainty in Contracts

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Parties

VINCI CONSTRUCTION UK LIMITED

Claimant

BEUMER GROUP UK LIMITED

Defendant

Procedural Posture

Commercial Construction Dispute (tcc) / Trial Judgment

Legal Issues

  1. 1 Whether the provisions for sectional completion and delay damages in the subcontract, as amended by the Settlement Agreement, are valid and enforceable or void for uncertainty

Ratio Decidendi

On a proper construction of the Subcontract, as amended by the Settlement Agreement, the works falling within section 5 and section 6 are sufficiently identifiable and certain so that the sectional completion and delay damages provisions are operable and enforceable.

Court Disposition

Declaratory relief granted in favour of Vinci; provisions for sectional completion and delay damages are valid and enforceable.

Orders

  • The court declares that the sectional completion and delay damages provisions in the subcontract, as amended by the Settlement Agreement, are operable and enforceable.