Carillion JM Ltd v Phi Group Ltd [2011] EWHC 1379 (TCC) (15 June 2011)

Carillion JM Ltd v Phi Group Ltd [2011] EWHC 1379 (TCC) (15 June 2011)

RWC, as lead consultant, owed a duty to exercise reasonable skill and care in coordinating and reviewing the soil nailing design, including advising on further site investigations and considering site-specific risks such as pre-existing slip surfaces and water regime. Phi Group's design failed to adequately account for these risks. Both contributed to the slope failures and resulting losses. Liability is apportioned according to contribution and contractual obligations.

Citation
[2011] EWHC 1379 (TCC)
Parties
Claimant: Carillion JM Limited; Defendant: Phi Group Limited; Third Party/defendant: Robert West Consulting Limited
Jurisdiction
England and Wales
Judgment Date
15 June 2011
Procedural Posture
Civil Construction Dispute / Final Judgment
Outcome
Liability established against both Phi Group and RWC for slope failures; contribution proceedings resolved.
Legal Topics
Design Liability, Soil Nailing, Slope Stability, Duty of Care, Remedial Works, Contribution Proceedings
Construction Law Contract Law Professional Negligence Design Liability Soil Nailing Slope Stability Duty of Care Remedial Works +1 more

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Parties

Carillion JM Limited

Claimant

Phi Group Limited

Defendant

Robert West Consulting Limited

Third Party/defendant

Procedural Posture

Civil Construction Dispute / Final Judgment

Legal Issues

  1. 1 Whether RWC breached its duty of care as lead consultant in relation to the soil nailing design and slope stability
  2. 2 Whether Phi Group's soil nailing design was negligent
  3. 3 Causation and quantum of losses arising from slope failures

Ratio Decidendi

RWC, as lead consultant, owed a duty to exercise reasonable skill and care in coordinating and reviewing the soil nailing design, including advising on further site investigations and considering site-specific risks such as pre-existing slip surfaces and water regime. Phi Group's design failed to adequately account for these risks. Both contributed to the slope failures and resulting losses. Liability is apportioned according to contribution and contractual obligations.

Court Disposition

Liability established against both Phi Group and RWC for slope failures; contribution proceedings resolved.

Orders

  • RWC and Phi Group to pay damages to Carillion JM Limited as determined by quantum assessment.
  • RWC to indemnify Carillion for losses arising from breach of duty as lead consultant.