Brookfield Construction (UK) Ltd v Foster & Partners Ltd & Anor

Brookfield Construction (UK) Ltd v Foster & Partners Ltd & Anor

Clause 8.1 of the Consultancy Agreement imposes a continuing obligation on WST to provide access to personnel and documents to enable BC to carry out a full and systematic review of any part of the services, and this obligation survives completion of the services. The obligation is limited by purpose and...

Source-derived case information.

Parties
Claimant: Brookfield Construction (UK) Limited; Defendant: Foster & Partners Limited; Defendant: HOK Sport Limited
Jurisdiction
England and Wales
Judgment Date
23 February 2009
Procedural Posture
Civil (construction/contract) / Judgment on Part 8 Application for Declarations
Outcome
Declarations granted (with proviso)
Legal Topics
Interpretation of Consultancy Agreements, Obligations Post Completion, Declaratory Relief, Access to Personnel and Documents, Professional Services Contracts
Construction Law Contract Law Interpretation of Consultancy Agreements Obligations Post Completion Declaratory Relief Access to Personnel and Documents Professional Services Contracts

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Parties

Brookfield Construction (UK) Limited

Claimant

Foster & Partners Limited

Defendant

HOK Sport Limited

Defendant

Procedural Posture

Civil (construction/contract) / Judgment on Part 8 Application for Declarations

Legal Issues

  1. 1 Whether clause 8.1 of the Consultancy Agreement obliges WST to provide access to personnel and documents after completion of services
  2. 2 Whether WST's services under the Consultancy Agreement are complete
  3. 3 The scope and nature of assistance to be provided under clause 8.1

Ratio Decidendi

Clause 8.1 of the Consultancy Agreement imposes a continuing obligation on WST to provide access to personnel and documents to enable BC to carry out a full and systematic review of any part of the services, and this obligation survives completion of the services. The obligation is limited by purpose and practicality, not by time, and must be performed reasonably and efficiently. The court will grant the declarations sought, subject to practical limitations as set out in the judgment.

Court Disposition

Declarations granted (with proviso)

Orders

  • Declaration 1: WST’s obligation to provide access to personnel under clause 8.1 is continuing and presently operative.
  • Declaration 2: BC’s request for access to personnel for review of services falls within clause 8.1, subject to the proviso that assistance is limited to what can be reasonably and promptly provided, as set out in the judgment.