What would Kier have done?
141. I find that, if the Trust had acted as I have found it would have acted, there would have been a real and substantial chance of Kier signing the contract (including the liquidated damages provision). The reasons for this finding will be set out when I consider the size of that chance in the context of the quantification of damages.
- His Honour Judge Keyser QC
- H.H. Judge Keyser Q.C.:
- Warranties
- LAD’s
- Contract Documents
- Associated Architects
- Shire Consulting
- Some law
- TTPM’s duties and alleged failures
- Expert Evidence
- Dr Aldridge’s evidence
- Mr Hinchliffe’s evidence
- The Trust’s submissions on breach of duty
- TTPM’s submissions on breach of duty
- Breach of duty: discussion and conclusions
- Loss of a chance
- What would the Trust have done if appropriately advised?
- What would Kier have done?
- Would a contract have improved the Trust’s position?
- Would the Trust have availed itself of its improved position?
- Conclusion on causation
- (i) What were the chances of Kier signing the contract?
- (ii) How would the Trust have benefited from a signed contract?
- The claim for an extension of time
- (iii) Does TTPM have the benefit of an effective limitation clause?