William Clark Partnership Ltd v Dock St PCT Ltd

William Clark Partnership Ltd v Dock St PCT Ltd

Clark substantially performed its pre-construction services and is entitled to fees, subject to deduction for failure to provide cost reports. Dock Street failed to prove causation for global loss claim but succeeded in part on unnecessary variations and post-construction phase breach. Abatement not available, but deduction for discrete non-performed services allowed.

Parties
Claimant: William Clark Partnership Limited; Defendant: Dock St PCT Limited
Jurisdiction
England and Wales
Judgment Date
16 October 2015
Procedural Posture
Civil / Final Judgment
Outcome
Claimant entitled to principal sum after set-off; Defendant entitled to partial damages for unnecessary variations and post-construction breach.
Legal Topics
Professional Fees, Abatement, Tender Process, Cost Control, Project Management, Damages, Settlement, Adjudication
Contract Law Professional Negligence Construction Law Professional Fees Abatement Tender Process Cost Control Project Management +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

William Clark Partnership Limited

Claimant

Dock St PCT Limited

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Entitlement to professional fees under deed of appointment
  2. 2 Right to abatement/deduction for non-performed or defectively performed services
  3. 3 Breach, causation and loss in pre-construction, construction, and post-construction phases

Ratio Decidendi

Clark substantially performed its pre-construction services and is entitled to fees, subject to deduction for failure to provide cost reports. Dock Street failed to prove causation for global loss claim but succeeded in part on unnecessary variations and post-construction phase breach. Abatement not available, but deduction for discrete non-performed services allowed.

Court Disposition

Claimant entitled to principal sum after set-off; Defendant entitled to partial damages for unnecessary variations and post-construction breach.

Orders

  • Clark entitled to recover £42,976.54 from Dock Street, subject to quantification and VAT.
  • Dock Street entitled to damages of £89,523.46, set off against Clark's claim.