Ampleforth Abbey Trust v Turner & Townsend Project Management Ltd [2012] EWHC 2137 (TCC) (27 July 2012)

Ampleforth Abbey Trust v Turner & Townsend Project Management Ltd [2012] EWHC 2137 (TCC) (27 July 2012)

TTPM owed and breached a duty of care to the Trust by failing to focus on and resolve the matters delaying execution of the building contract with Kier. This breach caused the Trust to lose a real and substantial chance of securing a contract with liquidated damages provisions, which would have materially benefited...

Source-derived case information.

Citation
[2012] EWHC 2137 (TCC)
Parties
Claimant: The Trustees of Ampleforth Abbey Trust; Defendant: Turner & Townsend Project Management Limited
Jurisdiction
England and Wales
Judgment Date
27 July 2012
Procedural Posture
Professional Negligence Claim (tcc) / Judgment After Trial
Outcome
Claim for professional negligence succeeds in part; counterclaim for unpaid fees succeeds.
Legal Topics
Project Management Duties, Letters of Intent, Liquidated Damages, Causation and Loss, Limitation of Liability Clauses
Professional Negligence Construction Law Contract Law Project Management Duties Letters of Intent Liquidated Damages Causation and Loss Limitation of Liability Clauses

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Parties

The Trustees of Ampleforth Abbey Trust

Claimant

Turner & Townsend Project Management Limited

Defendant

Procedural Posture

Professional Negligence Claim (tcc) / Judgment After Trial

Legal Issues

  1. 1 Did TTPM owe a duty to exercise reasonable care and skill in procuring an executed building contract?
  2. 2 Was TTPM in breach of that duty?
  3. 3 Did the breach cause loss to the Trust?

Ratio Decidendi

TTPM owed and breached a duty of care to the Trust by failing to focus on and resolve the matters delaying execution of the building contract with Kier. This breach caused the Trust to lose a real and substantial chance of securing a contract with liquidated damages provisions, which would have materially benefited the Trust in its dispute with Kier. The Trust is entitled to recover damages reflecting the value of that lost chance, and TTPM cannot rely on its limitation of liability clause in the circumstances.

Court Disposition

Claim for professional negligence succeeds in part; counterclaim for unpaid fees succeeds.

Orders

  • TTPM to pay the Trust £226,667 in damages for professional negligence.
  • The Trust to pay TTPM £37,167 for additional fees on the counterclaim.