WW Gear Construction Ltd v McGee Group Ltd

WW Gear Construction Ltd v McGee Group Ltd

Compliance with Clause 4.21.1, including submission of a timely, written, and detailed application, is a condition precedent to the Contractor's entitlement to loss and expense under Clause 4.21. The application triggers the ascertainment process and adjustment of the contract sum. The court found the drafting errors in Clause 4.21.1 did not negate the parties' clear intention that compliance is required as a precondition.

Parties
Claimant: WW Gear Construction Limited; Defendant: McGee Group Limited
Jurisdiction
England and Wales
Judgment Date
21 June 2010
Procedural Posture
Civil / Judgment
Outcome
Declaration granted in favour of the Employer.
Legal Topics
Conditions Precedent, JCT Contracts, Loss and Expense Claims, Contract Interpretation
Construction Law Contract Law Conditions Precedent JCT Contracts Loss and Expense Claims Contract Interpretation

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 3 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

WW Gear Construction Limited

Claimant

McGee Group Limited

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether compliance with Clause 4.21.1 is a condition precedent to entitlement to loss and expense under Clause 4.21 of the contract

Ratio Decidendi

Compliance with Clause 4.21.1, including submission of a timely, written, and detailed application, is a condition precedent to the Contractor's entitlement to loss and expense under Clause 4.21. The application triggers the ascertainment process and adjustment of the contract sum. The court found the drafting errors in Clause 4.21.1 did not negate the parties' clear intention that compliance is required as a precondition.

Court Disposition

Declaration granted in favour of the Employer.

Orders

  • The Contractor was required to comply with Clause 4.21.1 as a condition precedent to entitlement to loss and expense under Clause 4.21.