Blackpool Borough Council v Volkerfitz Patrick Ltd & Ors

Blackpool Borough Council v Volkerfitz Patrick Ltd & Ors

The court held that the contractual design life for the cold formed components, wall cladding panels, roof components, soffit panels, and wave form cladding panels was 25 years, not 50 years. The tram doors and other discrete items were subject to a 20-year design life. The defendant was in breach of contract in relation to certain components (roof components at the perimeter, wall cladding panels, soffit panels, wave form cladding panels, tram doors, and other minor items) due to failure to meet design life, suitability, and maintenance obligations. However, the claimant failed to prove breach regarding the cold formed components and was only entitled to limited remedial works and...

Parties
Claimant: Blackpool Borough Council; Defendant: VolkerFitzpatrick Limited; Third Party: Range Roofing & Cladding Ltd; Fourth Party: RPS Planning & Development Ltd; Fifth Party: Caunton Engineering Ltd
Jurisdiction
England and Wales
Judgment Date
15 June 2020
Procedural Posture
Civil (construction Dispute) / Judgment After Full Trial
Outcome
Claim allowed in part; claimant awarded damages significantly less than claimed.
Legal Topics
Design and Build Contracts, Contractual Interpretation, Breach of Contract, Remedial Works, Damages, Maintenance Obligations
Construction Law Contract Law Design and Build Contracts Contractual Interpretation Breach of Contract Remedial Works Damages Maintenance Obligations

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Parties

Blackpool Borough Council

Claimant

VolkerFitzpatrick Limited

Defendant

Range Roofing & Cladding Ltd

Third Party

RPS Planning & Development Ltd

Fourth Party

Caunton Engineering Ltd

Fifth Party

Procedural Posture

Civil (construction Dispute) / Judgment After Full Trial

Legal Issues

  1. 1 What is the contractual design life for various components of the tram depot?
  2. 2 Were the cold formed components, wall cladding panels, roof components, soffit panels, wave form cladding panels, tram doors, and other items designed and constructed to meet their contractual obligations?
  3. 3 Did the defendant breach its obligations regarding suitability, durability, and maintenance?

Ratio Decidendi

The court held that the contractual design life for the cold formed components, wall cladding panels, roof components, soffit panels, and wave form cladding panels was 25 years, not 50 years. The tram doors and other discrete items were subject to a 20-year design life. The defendant was in breach of contract in relation to certain components (roof components at the perimeter, wall cladding panels, soffit panels, wave form cladding panels, tram doors, and other minor items) due to failure to meet design life, suitability, and maintenance obligations. However, the claimant failed to prove breach regarding the cold formed components and was only entitled to limited remedial works and...

Court Disposition

Claim allowed in part; claimant awarded damages significantly less than claimed.

Orders

  • Defendant to pay claimant £1,110,782.10 as damages for breach of contract, broken down by component as specified in the judgment.
  • No recovery by defendant against Caunton Engineering Ltd (Fifth Party).