Clancy Docwra Ltd v E.ON Energy Solutions Ltd [2018] EWHC 3124 (TCC) (16 November 2018)

Clancy Docwra Ltd v E.ON Energy Solutions Ltd [2018] EWHC 3124 (TCC) (16 November 2018)

The Sub-Contract Works are defined by the Numbered Documents, including express exclusions set out in CDL's tender submissions and Post Tender Minutes. Works such as removal of soft spots, hand digging, breaking out obstructions, and diversion of mains and services are excluded from CDL's scope. Instructions to perform such excluded works constitute Variations under clause 5, entitling CDL to additional payment and time. The bespoke risk allocation clauses do not override the agreed scope as defined by the Numbered Documents.

Citation
[2018] EWHC 3124 (TCC)
Parties
Claimant: Clancy Docwra Limited; Defendant: E. ON Energy Solutions Limited
Jurisdiction
England and Wales
Judgment Date
16 November 2018
Procedural Posture
Commercial Construction Dispute / High Court Trial Judgment
Outcome
Declarations granted in favour of CDL regarding scope and entitlement to variations; rectification claim not determined as unnecessary.
Legal Topics
Contract Interpretation, Variation Claims, Risk Allocation, Rectification
Construction Law Contract Law Contract Interpretation Variation Claims Risk Allocation Rectification

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 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Clancy Docwra Limited

Claimant

E. ON Energy Solutions Limited

Defendant

Procedural Posture

Commercial Construction Dispute / High Court Trial Judgment

Legal Issues

  1. 1 Proper construction of the Sub-Contract regarding scope of works and risk allocation
  2. 2 Entitlement to variations for excluded works
  3. 3 Effect of Numbered Documents on contractual obligations

Ratio Decidendi

The Sub-Contract Works are defined by the Numbered Documents, including express exclusions set out in CDL's tender submissions and Post Tender Minutes. Works such as removal of soft spots, hand digging, breaking out obstructions, and diversion of mains and services are excluded from CDL's scope. Instructions to perform such excluded works constitute Variations under clause 5, entitling CDL to additional payment and time. The bespoke risk allocation clauses do not override the agreed scope as defined by the Numbered Documents.

Court Disposition

Declarations granted in favour of CDL regarding scope and entitlement to variations; rectification claim not determined as unnecessary.

Orders

  • Declarations that CDL is entitled to Variation instructions and adjustment to Sub-Contract Sum for excluded works as defined in Numbered Documents.
  • Declarations that clauses 2.1.7–2.1.9 do not debar CDL's entitlement to adjustment for such Variations.