Premier Engineering (Lincoln) Ltd v MW High Tech Projects UK Ltd

Premier Engineering (Lincoln) Ltd v MW High Tech Projects UK Ltd

The court found that a binding agreement existed for payment based on signed timesheets and biometric data, excluding turnstile data, and that MW was liable for outstanding sums for labour, materials, and plant. MW's deductions based on turnstile data were not justified. Premier was entitled to payment in lieu of notice for termination without proper notice. The court made specific adjustments for bonuses, travel, and materials, and awarded interest as agreed.

Parties
Claimant: Premier Engineering (Lincoln) Limited; Defendant: MW High Tech Projects UK Limited
Jurisdiction
England and Wales
Judgment Date
18 September 2020
Procedural Posture
Civil (construction Dispute) / High Court Judgment (trial)
Outcome
Judgment for the Claimant
Legal Topics
Subcontractor Payment Disputes, Valuation of Works, Contractual Interpretation, Quantum Meruit, Termination of Contract, Interest on Late Payment

Case Brief

Summary, issues, holding and outcome

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Parties

Premier Engineering (Lincoln) Limited

Claimant

MW High Tech Projects UK Limited

Defendant

Procedural Posture

Civil (construction Dispute) / High Court Judgment (trial)

  1. 1 Whether there was a binding agreement on payment terms for labour, materials, and plant between Premier and MW.
  2. 2 Whether timesheets, biometric data, or turnstile data should be used to verify hours worked and invoiced.
  3. 3 Whether MW unlawfully terminated the contract without proper notice.

Ratio Decidendi

The court found that a binding agreement existed for payment based on signed timesheets and biometric data, excluding turnstile data, and that MW was liable for outstanding sums for labour, materials, and plant. MW's deductions based on turnstile data were not justified. Premier was entitled to payment in lieu of notice for termination without proper notice. The court made specific adjustments for bonuses, travel, and materials, and awarded interest as agreed.

Court Disposition

Judgment for the Claimant

Orders

  • MW High Tech Projects UK Limited to pay Premier Engineering (Lincoln) Limited the sum of £512,916.73 plus VAT (£615,500.08 inclusive of VAT).
  • Interest to be paid as agreed by the parties, subject to final calculation.