![HT-2024-LDS-000014 - [2024] EWHC 3067 (TCC)](https://backend.juristeca.com/files/emisores/logo_yJUntHA.png){kind=logo}
The Issues
The Issues
The issues to be determined are as follows:
Is the Claimant’s application inappropriate to be decided in Part 8 proceedings?
Did the email of 24 October 2023 amount to a variation or a cancellation of the Work Order in breach of contract?
Did the terms of the Work Order preclude an implication of a term preventing the Claimant from postponing the works?
In any event, if there was a breach of any such implied term, is the Defendant precluded from recovering loss of profit or mobilisation and demobilisation costs as a result of:
the provisions of the Work Order and framework agreement; and/or
the application of compensatory damages limiting the Defendant’s recovery to that which could have been recovered under the Work Order?
- Heading
- Introduction
- Background and Evidence
- Interpretation
- Commencement and Completion
- The Works shall be carried out within standard working hours set out in the Order Information
- The Employer shall determine and notify the Contractor in writing of the date when the Works are complete
- 11 Variations
- Any oral instructions given by the Employer requiring a Variation shall be confirmed in writing by the Employer
- The Law
- The Issues
- Is the Claimant’s application inappropriate to be decided in Part 8 proceedings?
- Did the email of 24 October 2023 amount to a variation or a cancellation of the Work Order in breach of contract?
- Did the terms of the Work Order allow the implication of a term preventing the Claimant from postponing the works?
- In any event, if there was a breach of any such implied term, is the Defendant precluded from recovering loss of profit or mobilisation and demobilisation costs as a result of
- Conclusions