BARKBY REAL ESTATE DEVELOPMENTS LIMITED v CORNERSTONE TELECOMMUNICATIONS INFRASTRUCTURE LIMITED

BARKBY REAL ESTATE DEVELOPMENTS LIMITED v CORNERSTONE TELECOMMUNICATIONS INFRASTRUCTURE LIMITED

The defendant failed to complete its works within a reasonable time due to an inadequate foundation design and subsequent delays for which it was contractually responsible. The losses claimed by the claimant, specifically additional project finance and management costs, were not too remote and were recoverable as they were reasonably foreseeable at the time of contracting.

Parties
Claimant: Barkby Real Estate Developments Limited; Defendant: Cornerstone Telecommunications Infrastructure Limited
Jurisdiction
England and Wales
Judgment Date
21 July 2022
Procedural Posture
Civil (contract/commercial) / Judgment After Trial
Outcome
Claim allowed in part
Legal Topics
Delay in Performance, Damages for Breach of Contract, Remoteness of Damages, Implied Terms Under Supply of Goods and Services Act 1982
Contract Law Commercial Law Delay in Performance Damages for Breach of Contract Remoteness of Damages Implied Terms Under Supply of Goods and Services Act 1982

Case Brief

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Parties

Barkby Real Estate Developments Limited

Claimant

Cornerstone Telecommunications Infrastructure Limited

Defendant

Procedural Posture

Civil (contract/commercial) / Judgment After Trial

Legal Issues

  1. 1 Was the defendant contractually responsible for the delay in completing the works?
  2. 2 Did the defendant fail to complete the works within a reasonable time?
  3. 3 Are the claimed losses recoverable or too remote?

Ratio Decidendi

The defendant failed to complete its works within a reasonable time due to an inadequate foundation design and subsequent delays for which it was contractually responsible. The losses claimed by the claimant, specifically additional project finance and management costs, were not too remote and were recoverable as they were reasonably foreseeable at the time of contracting.

Court Disposition

Claim allowed in part

Orders

  • Defendant to pay claimant £3,637 for August 2020 project finance fee.
  • Defendant to pay claimant interest incurred between 22 July 2020 and 28 August 2020.