HT-2023-000006 - [2024] EWHC 1510 (TCC)

Fecha: 18-Jun-2024

Summary of the Claim

Summary of the Claim

14.

The claim relates to a new student accommodation development, known as the Moulsecoomb Campus, for the University of Brighton (“the Project”).

15.

The Project comprised two podiums and five towers.

16.

Bouygues UK Ltd (“BYUK”) was the main contractor.

17.

BYUK engaged J&BH as its Main Contractor for the project by a sub-contract dated 30 September 2019.

18.

By a sub-sub-contract agreement dated 18 December 2019 (Sub-Contract Order No. S4/10513) (“the Sub-Contract”), J&BH engaged A & V to carry out plumbing works for the Project.

19.

The Sub-Contract Works were labour only. Free issue materials were to be supplied by J&BH.

20.

Whilst the Sub-Contract Works did not initially include works to Tower 3, works to that Tower were added by a variation, so that A & V’s works were to Towers 1, 2 and 3 and to Podiums 1 and 2.

21.

After the addition of Tower 3, the sub-contract sum was £447,800.

22.

The plumbing installation works for Towers 4 and 5 were carried out by a different sub-sub-contract, Watertight.

23.

A & V left the Project in March 2021, at a time when it accepts the sub-contract works were incomplete.

24.

This claim involves the taking of a final account under the sub-contract requiring the determination of

(a)

The value of A & V’s works at the time it left the Project

(b)

Claims by A & V for losses allegedly suffered before it left the Project;

(c)

Competing claims between the Parties as to the financial consequences following A & V’s decision to abandon the sub-contract works.