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)
Legal Issues
- 1 Whether there was a binding agreement on payment terms for labour, materials, and plant between Premier and MW.
- 2 Whether timesheets, biometric data, or turnstile data should be used to verify hours worked and invoiced.
- 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.
Full Case Text
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