Case No. 0LS79020

94. For TTPM, Mr Fraser submitted that the allegations of professional negligence were unsupported by admissible expert evidence or, at least, by expert evidence to which significant weight could be attached: see above. It could not be said that what TTPM had done fell outside the range of opinion or conduct of reasonably careful and skilful project managers. In particular, it was not to be accepted that the only acceptable course of conduct would have been the “great and dangerous game” of advising the Trust to refuse to issue any further letter of intent and instead “call the contractor’s bluff” at the risk that the contractor would walk off site. TTPM was right to take very seriously the risk—highlighted by its threats in March 2004 and January 2005—that Kier would leave site unless it were given further letters of intent, in circumstances where the extra delays and expense resulting from the need to obtain a new contractor would have been catastrophic for the Trust. 95. With regard to particular matters of complaint against TTPM, Mr Fraser submitted that TTPM had kept pressure on Kier and had sought to address particular obstacles to the signing of the contract. However, it bore no responsibility for issues concerning Kier’s demand for comfort in respect of the funding and AIB’s demand for a warranty from Kier—indeed, TTPM had not even been made aware of the existence of bank funding until after the tender process had been completed; and, when Shire demanded additional payment as a condition of accepting appointment, neither Kier nor the Trust was willing to pay. There was discussion with Kier at an appropriately high level. Making an action list would not have made any difference, as was shown by the fact that, when an action list was drawn up after the mediation, the contract was not signed for a further two years: see paragraph 70 above.96. Mr Fraser further submitted that there was no basis in the terms of appointment—whichever terms might be held to apply—for imposing on TTPM a duty to act as legal advisers for the Trust. Although Mr Bryan gave evidence to the effect that he expected TTPM to provide the Trust with the same degree of legal advice as would be given by a solicitor, there was no provision to that effect; if the Trust wanted legal advice, it should have taken it from a lawyer.