Almacantar (Centre Point) Ltd v Sir Robert McAlpine Ltd

Almacantar (Centre Point) Ltd v Sir Robert McAlpine Ltd

SRM is not entitled to the balance of the 50% of the Fee because, upon termination of its engagement under the PCSA, clause 16.4 provides an exclusive regime for further payment, limited to accrued instalments and a fair and reasonable proportion of the next instalment. The obligation to pay the second 50% of the...

Source-derived case information.

Parties
Claimant: Almacantar (Centre Point) Limited; Defendant: Sir Robert McAlpine Limited
Jurisdiction
England and Wales
Judgment Date
21 February 2018
Procedural Posture
Civil (construction/contract) / Judgment After Part 8 Proceedings
Outcome
Claim allowed in part for Almacantar; SRM not entitled to balance of 50% Fee; repayment ordered.
Legal Topics
Pre Construction Services Agreement, Termination of Contract, Entitlement to Payment, Interpretation of Contractual Terms
Construction Law Contract Law Pre Construction Services Agreement Termination of Contract Entitlement to Payment Interpretation of Contractual Terms

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Parties

Almacantar (Centre Point) Limited

Claimant

Sir Robert McAlpine Limited

Defendant

Procedural Posture

Civil (construction/contract) / Judgment After Part 8 Proceedings

Legal Issues

  1. 1 Whether SRM is entitled to payment of the balance of 50% of the Fee under the PCSA following termination by consent
  2. 2 Whether clause 16.4 of the PCSA governs payment upon termination for any reason
  3. 3 Whether the obligation to pay the second 50% of the Fee is triggered by entry into a main contract with any contractor or only with SRM

Ratio Decidendi

SRM is not entitled to the balance of the 50% of the Fee because, upon termination of its engagement under the PCSA, clause 16.4 provides an exclusive regime for further payment, limited to accrued instalments and a fair and reasonable proportion of the next instalment. The obligation to pay the second 50% of the Fee is not triggered by entry into a main contract with another contractor. The PCSA does not provide for payment of the second 50% of the Fee in these circumstances.

Court Disposition

Claim allowed in part for Almacantar; SRM not entitled to balance of 50% Fee; repayment ordered.

Orders

  • Declaration that SRM was only entitled to payment of the balance of 50% of the Fee in the event that a main contract was entered into with SRM and on the occurrence of the first valuation following commencement on site under such contract.
  • Declaration that, as no main contract was entered into with SRM before termination, SRM has no entitlement to the balance of 50% of the Fee awarded by the Adjudicator.