Triuva Kapitalverwaltungsgesellschaft v Galliford Try Construction Ltd [2017] EWHC 275 (TCC) (23 February 2017)

Triuva Kapitalverwaltungsgesellschaft v Galliford Try Construction Ltd [2017] EWHC 275 (TCC) (23 February 2017)

The court was satisfied that, on the evidence, Triuva would obtain judgment for substantial damages for certain categories of defects, and that a reasonable interim payment should be ordered, excluding disputed items. The same order was appropriate against the third party, Alumet.

Source-derived case information.

Citation
[2017] EWHC 275 (TCC)
Parties
Claimant: Triuva Kapitalverwaltungsgesellschaft; Defendant: Galliford Try Construction Limited; Third Party: Alumet
Jurisdiction
England and Wales
Judgment Date
23 February 2017
Procedural Posture
Interim Payment Application in Civil Construction Dispute / Application for Interim Payment Prior to Trial
Outcome
Interim payment ordered in favour of claimant and equivalent order against third party.
Legal Topics
Interim Payments, Collateral Warranties, Defective Works, Measure of Damages, Sub Contractor Liability
Construction Law Contract Law Civil Procedure Interim Payments Collateral Warranties Defective Works Measure of Damages Sub Contractor Liability

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Parties

Triuva Kapitalverwaltungsgesellschaft

Claimant

Galliford Try Construction Limited

Defendant

Alumet

Third Party

Procedural Posture

Interim Payment Application in Civil Construction Dispute / Application for Interim Payment Prior to Trial

Legal Issues

  1. 1 Whether the claimant is entitled to an interim payment under CPR 25.7(1)(c)
  2. 2 Whether the claimant would obtain judgment for a substantial amount of money if the claim went to trial
  3. 3 Whether the court should exercise its discretion to order an interim payment and in what amount

Ratio Decidendi

The court was satisfied that, on the evidence, Triuva would obtain judgment for substantial damages for certain categories of defects, and that a reasonable interim payment should be ordered, excluding disputed items. The same order was appropriate against the third party, Alumet.

Court Disposition

Interim payment ordered in favour of claimant and equivalent order against third party.

Orders

  • GTC to pay Triuva £300,000 by way of interim payment by 5 pm on 3 March 2017.
  • Alumet to pay GTC £300,000 by way of interim payment by 5 pm on 3 March 2017.