Triuva Kapitalverwaltungsgesellschaft v Galliford Try Construction Ltd

Triuva Kapitalverwaltungsgesellschaft v Galliford Try Construction Ltd

Triuva established an irreducible minimum entitlement to damages for certain defects, with sufficient evidence to justify an interim payment; GTC and Alumet failed to provide a real prospect of successfully defending those parts of the claim.

Parties
Claimant: Triuva Kapitalverwaltungsgesellschaft; Defendant: Galliford Try Construction Limited; Third Party: Alumet Systems (UK) Limited
Jurisdiction
England and Wales
Judgment Date
23 February 2017
Procedural Posture
Civil / Interim Payment Application
Outcome
Application for interim payment granted.
Legal Topics
Interim Payments, Collateral Warranties, Defective Works, Indemnity and Contribution
Construction Law Contract Law Interim Payments Collateral Warranties Defective Works Indemnity and Contribution

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Parties

Triuva Kapitalverwaltungsgesellschaft

Claimant

Galliford Try Construction Limited

Defendant

Alumet Systems (UK) Limited

Third Party

Procedural Posture

Civil / Interim Payment Application

Legal Issues

  1. 1 Whether claimant is entitled to interim payment for damages arising from defective works
  2. 2 Whether defendant and third party are liable for defects under collateral warranties
  3. 3 Quantum of damages for remedial works

Ratio Decidendi

Triuva established an irreducible minimum entitlement to damages for certain defects, with sufficient evidence to justify an interim payment; GTC and Alumet failed to provide a real prospect of successfully defending those parts of the claim.

Court Disposition

Application for interim payment granted.

Orders

  • GTC to pay Triuva £300,000 by 3 March 2017 as interim payment.
  • Alumet to pay GTC £300,000 by 3 March 2017 as interim payment.