Walter Lilly & Company Ltd v Mackay & Anor [2012] EWHC 1773 (TCC) (11 July 2012)

Walter Lilly & Company Ltd v Mackay & Anor [2012] EWHC 1773 (TCC) (11 July 2012)

Delays were primarily caused by late instructions, incomplete design, and poor coordination by DMW and its professional team, not by Walter Lilly & Company Limited. WLC is entitled to extensions of time and loss and expense for such delays. Liquidated damages imposed by DMW are not valid for periods where delay was not culpable on WLC's part. Design responsibility was not properly allocated to WLC except for piling; employer retains risk for undefined provisional sums. Defective works claims must be assessed against contractual specification and industry standards; most defects alleged were not proven against WLC.

Citation
[2012] EWHC 1773 (TCC)
Parties
Claimant: Walter Lilly & Company Limited; Defendant: Giles Patrick Cyril Mackay; Defendant: DMW Developments Limited
Jurisdiction
England and Wales
Judgment Date
11 July 2012
Procedural Posture
Construction Dispute / High Court Judgment
Outcome
Judgment for claimant
Legal Topics
Delay Analysis, Extensions of Time, Liquidated Damages, Global Claims, Contractor Design Responsibility, Defective Works, Quantum Claims
Construction Law Contract Law Delay Analysis Extensions of Time Liquidated Damages Global Claims Contractor Design Responsibility Defective Works +1 more

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Parties

Walter Lilly & Company Limited

Claimant

Giles Patrick Cyril Mackay

Defendant

DMW Developments Limited

Defendant

Procedural Posture

Construction Dispute / High Court Judgment

Legal Issues

  1. 1 Responsibility for delays and extensions of time
  2. 2 Entitlement to loss and expense
  3. 3 Allocation of design responsibility

Ratio Decidendi

Delays were primarily caused by late instructions, incomplete design, and poor coordination by DMW and its professional team, not by Walter Lilly & Company Limited. WLC is entitled to extensions of time and loss and expense for such delays. Liquidated damages imposed by DMW are not valid for periods where delay was not culpable on WLC's part. Design responsibility was not properly allocated to WLC except for piling; employer retains risk for undefined provisional sums. Defective works claims must be assessed against contractual specification and industry standards; most defects alleged were not proven against WLC.

Court Disposition

Judgment for claimant

Orders

  • Extensions of time granted to Walter Lilly & Company Limited
  • DMW Developments Limited to pay sums due for works completed