Leeds City Council v Waco UK Ltd

Leeds City Council v Waco UK Ltd

Application 21 was not a valid interim payment application as it was made prematurely and outside the contractual date, with no agreement or established course of conduct to waive strict compliance post-Practical Completion. Jacobs did not have authority to vary pre-Practical Completion dates, and no waiver or estoppel arose from isolated past conduct. Application 22 was validly rejected by LCC's payment certificate for nil.

Parties
Claimant: Leeds City Council; Defendant: Waco UK Ltd
Jurisdiction
England and Wales
Judgment Date
22 May 2015
Procedural Posture
Civil (construction Contract Dispute) / Judgment on Part 8 Claim for Declarations Following Adjudication and Summary Judgment Application
Outcome
Declarations granted in favour of Leeds City Council; adjudicator's decision set aside; repayment ordered.
Legal Topics
Interim Payment Applications, Contractual Interpretation, Waiver and Estoppel, Authority of Contract Administrator, Adjudication Enforcement
Construction Law Contract Law Interim Payment Applications Contractual Interpretation Waiver and Estoppel Authority of Contract Administrator Adjudication Enforcement

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Parties

Leeds City Council

Claimant

Waco UK Ltd

Defendant

Procedural Posture

Civil (construction Contract Dispute) / Judgment on Part 8 Claim for Declarations Following Adjudication and Summary Judgment Application

Legal Issues

  1. 1 Whether Application 21 was a valid interim payment application under the contract
  2. 2 Whether the conduct of the parties amounted to a waiver or estoppel regarding application dates
  3. 3 Whether Jacobs (LCC's agent) had authority to vary application dates post-Practical Completion

Ratio Decidendi

Application 21 was not a valid interim payment application as it was made prematurely and outside the contractual date, with no agreement or established course of conduct to waive strict compliance post-Practical Completion. Jacobs did not have authority to vary pre-Practical Completion dates, and no waiver or estoppel arose from isolated past conduct. Application 22 was validly rejected by LCC's payment certificate for nil.

Court Disposition

Declarations granted in favour of Leeds City Council; adjudicator's decision set aside; repayment ordered.

Orders

  • Declaration that Application 21 was not a valid application and the adjudicator's decision is set aside.
  • Declaration that Application 22 was validly rejected and no money is due under it.