Hescorp Italia SpA v. Morrison Construction Ltd, Impregilo UK Ltd [2000] EWHC Technology 123 (17th March, 2000)

Hescorp Italia SpA v. Morrison Construction Ltd, Impregilo UK Ltd [2000] EWHC Technology 123 (17th March, 2000)

No contract was formed as the parties failed to agree on essential terms, specifically the completion date and measure of liquidated damages; therefore, the Claimant is entitled to payment for its work on a quantum meruit basis.

Citation
[2000] EWHC Technology 123
Parties
Claimant: Hescorp Italia SpA (formerly Imprefeal SpA); Defendant: Morrison-Impregilo Coventry Construction Joint Venture (First Defendant); Defendant: Morrison-Impregilo Coventry Construction Joint Venture (Second Defendant)
Jurisdiction
England and Wales
Procedural Posture
Construction Contract Dispute / Application for Summary Judgment And/or Interim Payment
Outcome
Applications for summary judgment and interim payment adjourned; no contract found; Claimant entitled to quantum meruit, amount to be assessed.
Legal Topics
Contract Formation, Quantum Meruit, Summary Judgment, Liquidated Damages, Authority of Agents
Contract Law Construction Law Contract Formation Quantum Meruit Summary Judgment Liquidated Damages Authority of Agents

Case Brief

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Parties

Hescorp Italia SpA (formerly Imprefeal SpA)

Claimant

Morrison-Impregilo Coventry Construction Joint Venture (First Defendant)

Defendant

Morrison-Impregilo Coventry Construction Joint Venture (Second Defendant)

Defendant

Procedural Posture

Construction Contract Dispute / Application for Summary Judgment And/or Interim Payment

Legal Issues

  1. 1 Whether a binding contract was formed between the parties
  2. 2 Whether essential terms (completion date and liquidated damages) were agreed
  3. 3 Effect of requirement for contract to be executed as a deed

Ratio Decidendi

No contract was formed as the parties failed to agree on essential terms, specifically the completion date and measure of liquidated damages; therefore, the Claimant is entitled to payment for its work on a quantum meruit basis.

Court Disposition

Applications for summary judgment and interim payment adjourned; no contract found; Claimant entitled to quantum meruit, amount to be assessed.

Orders

  • Application for summary judgment adjourned for further argument.
  • Application for interim payment adjourned.