HT-2025-000282 - [2025] EWHC 850 (TCC)

Fecha: 09-Abr-2025

H. QUANTUM

H. QUANTUM

89.

Given my findings on the alleged breaches of duty my findings with regard to the quantum of the claim are somewhat academic. However I will review the Claimant’s losses under the following heads of loss.

-1 Sums paid to BKS £3,607,666.90

-2 Sums paid to Kingerlee £ 23,877.00

-3 Sums paid to Consultants £ 271,526.00

-4 Financing costs £ 588,968.00

-5 Vitsoe consistent with its case on liability suggest a credit should be given for the cost of a temporary roof in the sum of £476,000.00 as calculated by Mr Baldwin. Mr Huntley’s “best guess” for the credit of a hypothetical temporary roof in 2016 was £1,342,968.

90.

If contrary to my findings on liability the Defendant did act in breach of duty as alleged by the Claimant in the RAPOC it is clear that the losses under headings 1, 2 and 3 were caused by the Defendant’s alleged breaches of duty.

91.

The Defendant’s case on quantum is summarised at Annex 4 to the Defendant’s Closing Note dated 19^th February 2025 as set out below.

“Quantum summary
In the event that the Claimant is entirely successful on liability issues, the Defendant contends that the Claimant is entitled to:
1)
£2,011,019.78 for remedial costs [D-370].
2)
Less £802,903.06 for work on the Northlights (if unnecessary) [D-370].
3)
Less £13,363.38 for removing CLT panels (if work to the Northlights was unnecessary) [D- 370].
4)
£0 for finance costs.
5)
Less £1,342,968.00 for the hypothetical temporary roof [D-358].
6)
Total: (£148,214.77) (minus)
Breakdown of remedial costs
BKS Contract Works
a)
Early works order
i.
Head office management: £0 [D-363]
ii.
Drawing and detailing: £0 [D-363]
iii.
Temporary works scaffold design: £9,810 [D-363]
iv.
CLT replacement panels: £124,779.39[D-364]
v.
CLT transport: £0 [D-364]
b)
Management and staff prelims:
i.
Off-site: £0 [D-364]
ii.
On-site: £137,4000.00[D-365]
c)
Site set up: £0(included in b) [D-365]
d)
Temporary scaffold roof: £663,477.00 [D-365]
e)
Roofing package: £638,023.06 [D-365]
f)
Lightning protection system: £7,802.00 [D-366]
g)
Mansafe: £15,933.75 [D-366]
h)
Remove and replace solar panels: £12,337.50 [D-366]
i)
Remove and replace CLT: £249,733,18 [D-366]
j)
Material storage of CLT off site: £5,000 [D-366]
k)
Storage of existing insulation: £5,500 [D-367]
Insurances: £37,398.52 [D-367]
BKS risk contingency: £19,073.24 [D-367]
Variations
i.
VO1: £13,788.00 [D-367]
ii.
VO2: £5,575.00 [D-367]
iii.
VO3 to V18: £0 [D-367] to [D-368]
Less Final Account settlement deduction: £99,357.01 [D-368]