Fitzpatrick Contractors Ltd v Tyco Fire and Integrated Solutions (UK) Ltd

Fitzpatrick Contractors Ltd v Tyco Fire and Integrated Solutions (UK) Ltd

The material terms of the sub-contract are those set out in paragraph 3 of the Particulars of Claim, as varied by agreement on 19 June 2002. The CECA form incorporated is the version sent by Fitzpatrick on 20 June 2002. Employer's Requirements take precedence over Tyco's tender. Tyco was obliged to produce 100% design by the Design Freeze. Tyco's liability for liquidated damages is capped at 25%. Clause 3(4) limits Tyco's liability only for third-party claims passed on by Fitzpatrick, not for direct losses or costs incurred by Fitzpatrick in rectifying defective or incomplete work.

Parties
Claimant: Fitzpatrick Contractors Ltd; Defendant: Tyco Fire and Integrated Solutions (UK) Ltd
Jurisdiction
England and Wales
Judgment Date
13 June 2008
Procedural Posture
Civil / Judgment on Preliminary Issues
Outcome
Judgment for Claimant on all preliminary issues.
Legal Topics
Contract Formation, Variation of Contract, Interpretation of Contract Terms, Limitation of Liability, Liquidated Damages, Sub Contract Precedence, Authority of Agents
Contract Law Construction Law Contract Formation Variation of Contract Interpretation of Contract Terms Limitation of Liability Liquidated Damages Sub Contract Precedence +1 more

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Parties

Fitzpatrick Contractors Ltd

Claimant

Tyco Fire and Integrated Solutions (UK) Ltd

Defendant

Procedural Posture

Civil / Judgment on Preliminary Issues

Legal Issues

  1. 1 What were the material terms of the sub-contract between Fitzpatrick and Tyco?
  2. 2 Was the sub-contract varied by agreement on 19 June 2002?
  3. 3 Which version of the CECA Form was incorporated?

Ratio Decidendi

The material terms of the sub-contract are those set out in paragraph 3 of the Particulars of Claim, as varied by agreement on 19 June 2002. The CECA form incorporated is the version sent by Fitzpatrick on 20 June 2002. Employer's Requirements take precedence over Tyco's tender. Tyco was obliged to produce 100% design by the Design Freeze. Tyco's liability for liquidated damages is capped at 25%. Clause 3(4) limits Tyco's liability only for third-party claims passed on by Fitzpatrick, not for direct losses or costs incurred by Fitzpatrick in rectifying defective or incomplete work.

Court Disposition

Judgment for Claimant on all preliminary issues.

Orders

  • Material terms of sub-contract are as set out in Particulars of Claim and varied by agreement on 19 June 2002.
  • CECA form incorporated is the version sent by Fitzpatrick on 20 June 2002.