Mott Macdonald Ltd v Trant Engineering Ltd

Mott Macdonald Ltd v Trant Engineering Ltd

The limitation and exclusion clauses in the SSA, when properly construed according to the general principles of contractual interpretation, are applicable to any breach by the Claimant, including breaches that are fundamental, deliberate, or wilful. There is no legal presumption or requirement for special wording to exclude liability for such breaches, and the clauses are clear and comprehensive in their scope.

Parties
Claimant: Mott MacDonald Ltd; Defendant: Trant Engineering Ltd
Jurisdiction
England and Wales
Judgment Date
30 March 2021
Procedural Posture
Commercial Construction Dispute (summary Judgment Application) / Summary Judgment Ruling
Outcome
Summary judgment granted for the Claimant on the construction issue
Legal Topics
Exclusion and Limitation Clauses, Contractual Interpretation, Summary Judgment, Breach of Contract
Contract Law Construction Law Exclusion and Limitation Clauses Contractual Interpretation Summary Judgment Breach of Contract

Case Brief

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Parties

Mott MacDonald Ltd

Claimant

Trant Engineering Ltd

Defendant

Procedural Posture

Commercial Construction Dispute (summary Judgment Application) / Summary Judgment Ruling

Legal Issues

  1. 1 Whether the limitation and exclusion clauses in the Settlement and Services Agreement (SSA) apply to breaches by the Claimant that are alleged to be fundamental, deliberate, or wilful
  2. 2 Proper approach to the construction of exclusion and limitation clauses in commercial contracts

Ratio Decidendi

The limitation and exclusion clauses in the SSA, when properly construed according to the general principles of contractual interpretation, are applicable to any breach by the Claimant, including breaches that are fundamental, deliberate, or wilful. There is no legal presumption or requirement for special wording to exclude liability for such breaches, and the clauses are clear and comprehensive in their scope.

Court Disposition

Summary judgment granted for the Claimant on the construction issue

Orders

  • It is declared that the limitation and exclusion clauses in the SSA apply to all breaches by the Claimant, including fundamental, deliberate, or wilful breaches.