Scheldebouw BV v St. James Homes (Grosvenor Dock) Ltd

Scheldebouw BV v St. James Homes (Grosvenor Dock) Ltd

The trade contracts expressly allow the employer to replace the construction manager, but do not expressly permit the employer to appoint itself as construction manager. The structure and wording of the contracts, and the legal duties of the construction manager, require the roles of employer and construction...

Source-derived case information.

Parties
Claimant: Scheldebouw BV; Defendant: St. James Homes (Grosvenor Dock) Ltd.
Jurisdiction
England and Wales
Judgment Date
16 January 2006
Procedural Posture
Civil (construction Dispute) / Trial of Preliminary Issues
Outcome
Declarations on preliminary issues; employer not entitled to appoint itself as construction manager under the trade contracts.
Legal Topics
Replacement of Construction Manager, Interpretation of Construction Contracts, Employer's Powers Under Contract, Certifier's Duties
Construction Law Contract Law Replacement of Construction Manager Interpretation of Construction Contracts Employer's Powers Under Contract Certifier's Duties

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Summary, issues, holding and outcome

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Parties

Scheldebouw BV

Claimant

St. James Homes (Grosvenor Dock) Ltd.

Defendant

Procedural Posture

Civil (construction Dispute) / Trial of Preliminary Issues

Legal Issues

  1. 1 Whether the employer is entitled to replace the construction manager under the trade contracts
  2. 2 Whether the employer can appoint itself as construction manager under the trade contracts

Ratio Decidendi

The trade contracts expressly allow the employer to replace the construction manager, but do not expressly permit the employer to appoint itself as construction manager. The structure and wording of the contracts, and the legal duties of the construction manager, require the roles of employer and construction manager to be separate. Only an express term could allow the employer to act as construction manager, and no such term exists in these contracts.

Court Disposition

Declarations on preliminary issues; employer not entitled to appoint itself as construction manager under the trade contracts.

Orders

  • Issue 1: Yes, the employer can replace the construction manager under an express term.
  • Issues 2 and 3: Not arising due to answer to Issue 1.