Blackpool Borough Council v Volkerfitz Patrick Ltd & Ors [2020] EWHC 1523 (TCC) (15 June 2020)

Blackpool Borough Council v Volkerfitz Patrick Ltd & Ors [2020] EWHC 1523 (TCC) (15 June 2020)

The court held that the contractual design life obligation period for the relevant components was either 20 or 25 years, not 50 years. The cold formed components were adequate for their design life and did not require replacement. Some defects were caused or exacerbated by insufficient maintenance. The claimant was entitled to limited remedial works and not full replacement. Contribution claims against subcontractors and consultants were determined according to their contractual obligations and breaches.

Citation
[2020] EWHC 1523 (TCC)
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
Construction Dispute / Final Judgment After Trial
Outcome
Claim partly allowed; claimant awarded damages substantially less than claimed.
Legal Topics
Design Life Obligations, Corrosion Protection, Remedial Works, Contract Interpretation, Contribution Claims, Maintenance Obligations
Construction Law Contract Law Tort Law Design Life Obligations Corrosion Protection Remedial Works Contract Interpretation Contribution Claims +1 more

Case Brief

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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

Construction Dispute / Final Judgment After Trial

Legal Issues

  1. 1 Whether the contractual design life for various components was 50 years or less
  2. 2 Whether the cold formed components, roof steel components, wall cladding panels, soffit panels, wave form cladding panels, tram doors, and other defects met their contractual requirements
  3. 3 Whether corrosion and defects were caused by inadequate maintenance or defective design/construction

Ratio Decidendi

The court held that the contractual design life obligation period for the relevant components was either 20 or 25 years, not 50 years. The cold formed components were adequate for their design life and did not require replacement. Some defects were caused or exacerbated by insufficient maintenance. The claimant was entitled to limited remedial works and not full replacement. Contribution claims against subcontractors and consultants were determined according to their contractual obligations and breaches.

Court Disposition

Claim partly allowed; claimant awarded damages substantially less than claimed.

Orders

  • Defendant to pay claimant £1,110,782.10 for remedial works and associated costs.
  • Claims for full replacement of cold formed components rejected.