Would the Trust have availed itself of its improved position?
147. I find that, if there had been a signed contract, the Trust would have taken advantage of its improved position when it came into dispute with Kier. It will be necessary to explain the reasons for this conclusion and to consider the relationship between the Trust’s likely conduct and Kier’s possible conduct when I turn to consider the assessment of quantum.
- 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?