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

Fecha: 09-Abr-2025

THE AGREED CHRONOLOGY

THE AGREED CHRONOLOGY

Date	Event	Ref.
27 Aug 2015	Claimant’s initial project brief	[E/895-898]
30 Sept 2015	Claimant sent Defendant initial project brief	[E/895-898]
30 Sep 2015	First meeting between Claimant and Defendant	Adams [30] Waugh 1 [103]
7 Oct 2015	Defendant proposes fee	[E/903-909]
Nov 2015	Defendant begins preparing outline designs	RAPOC [15A] Ogle 1 [81]
11 Dec 2015	Mark Francis email following meeting attended by Mark Adams, Vincent Wang, Adam Waugh, Alastair Ogle, Martin Francis and others	[E/934]
Jan 2016	Defendant begins preparing more detailed designs	RAPOC [15A] Ogle 1 [82]
18 Feb 2016	Meeting between Claimant and Defendant agreeing that Kingerlee would not be used to build the building	[E/983]
22 Feb 2016	Meeting between Claimant, Defendant and Vincent Wang at which construction management decision made and Kingerlee to carry out pre-construction services			[E/983]
25 Jan 2016	Defendant produces a project outline			Ogle 1 [92] [E/957]
23 Feb 2016	Interviews of potential timber contractors at Defendant's offices.			AR [2.4] Adams [42] Westwood [44]-[45] [E/992]
24 Feb 2016	Hess provided quotation to Kingerlee			[E/1001]
25 Feb 2016	Hess provided further information to Kingerlee			[E/1008]
29 Feb 2016	Pre-appointment meeting for JCA, attended by Tom Westwood (Defendant).			AR [2.3] Westwood [40]
5 Mar 2016	Vincent Wang circulated his analysis of timber package tenders and recommended Hess			[E/1094]
5 Mar 2016	Mark Adams email stating Hess had agreed to be timber sub-contractor; Claimant would not proceed with Kingerlee; Claimant was in discussions with a construction manager.			[E/1096]
16 Mar 2016	Defendant produces a Timber Frame performance specification for the roofing works			RAPOC [31.lA] Ogle 1 [93] [E/1121]
21 Mar 2016	Hess provided tender letter to Claimant			[E/1132-1138]
21 Mar 2016	Claimant engages Hess as timber frame contractor			RRAD [8]
22 Mar 2016	Kick-off meeting attended by Claimant, Defendant, JCA, Hess, and others. Minutes by Defendant.			Adams [46] Westwood [56] Waugh 1 [118] [E/1144]
12 Apr 2016	Disputed conversation between Andrew Waugh (Defendant) and Mark Adams and Mr Wang (Claimant) regarding possibility of constructing a protective canopy			RRAD [25(5)] AR [19.3] Adams [48] Waugh 1 [120)-(124]
15 Jun 2016	Defendant produces Combined Specification, Rev C for windows, cladding and roofing			Ogle 1 [97] [E/45]
23 Aug 2016	Visit to Hess in Germany attended by Mark Adams, Alastair Ogle and Tom Westwood among others. Email from Hess's Mr Thompson after visit	Ogle 1 [108] [E/1222]
5 Sep 2016	Work began on site
28 Sep 2016	Mark Adams email attaching Claimant’s brief	[E-1282 to 1283]
30 Sep 2016	Claimant and Defendant enter into the Appointment	RAPOC [4] [E-129]
4 Oct 2016	Claimant engages JCA as construction manager	RRAD [7] [E-159]
21 Oct 2016	Email from Adrian Kenny with latest programme	[E-1342]
7 Nov 2016	Alastair Ogle email to Rensteph Thompson asking about methods of protection among other things	[E-1375]
15-16 Nov 2016	Emails regarding weather protection and Christmas shutdown between Defendant, Hess and JCA.	RRAD [19(1A)]- [19(3)] [E/1389-1394], [E/1398], [E/1400- 1404]
18 Nov 2016	Mr Jung (Hess) email to Mr Kenny about timing of installation of roof and Mr Kenny's response	[E/1418-1419]
18 Nov 2016	Emails regarding timing of roofing works between Defendant and JCA	RRAD [19(3A)]- [19(3B)] AR [13.3] [E/1422]
28 Nov 2016	Hess's works began on site	[E/1381] [E/1463-1464]
5 Dec 2016	Mr Williams (JCA) email regarding handover	[E/1470]
8 Dec 2016	Mr Jung (Hess) email regarding roofing work	[E/1495]
12 Dec 2016	Claimant contract .with Hess	[E/333]
16 Dec 2016	Claimant engages Stoneleigh as roofing contractor	RRAD [9] [E/395]
22 Dec 2016	Email from Mark Adams (Claimant) to Defendant asking Defendant to make enquiries of Hess	RRAD [19(6)] [E/1648]
22 Dec 2016	Defendant inquired of Hess whether the CLT panels would dry out from the inside	RAPOC [31.3(2)] RRAD [19(7)] [E/1656], [E/1655]
	Rensteph Thompson (Hess) email to Alastair Ogle (Defendant) warning of the risks of moisture in CLT panels		RAPOC [27] RRAD [19(5)], [19(8)] [E/1657]
23 Dec 2016	Emails between Claimant, Defendant, Hess and JCA regarding protection of roof over Christmas period		RRAD [19(9)]- [19(13)] [E/1658-1680]
	Telephone call between Mr Garwood (Claimant) and Mr Ogle (Defendant). Terms disputed. Mr Ogle's emails following call.		RRAD [19(12)], [20] AR [13.7], [15.5] Ogle 1 [160] [E/1668], [E/1670]
	Emails between Hess and Defendant regarding timing of VCL membrane installation		RRAD [15(2)] [E/1678], [E/1680]
	Timber frame completed		RAPOC [24] RRAD [18(1)]
	Christmas shutdown begins		RRAD [19(4)]
3 Jan 2017	Christmas shutdown ends		RRAD [19(4)]
4 Jan 2017	Mr Westwood emailed Mr Ogle and others at Defendant following call with Mr Garwood		[E/1685]
5Jan2017	Mr Williams (JCA) emailed Mr Westwood that Hess had completed		[E/1686]
12 Jan 2017	Site meeting at which condition of roof was discussed. Terms disputed		RRAD [25(7)] AR [13.9], [19.4] Adams [63] Waugh 1 [151]-[159] [E/1713]
16 Jan 2017	Defendant sent email to Stora Enso, manufacturer of the CLT with queries concerning installation of VCL when CLT is wet		[E/1729]
20 Jan 2017	Defendant received a response email from the manufacturer of the CLT regarding queries raised including whether it could dry out from its internal face		RRAD [23(15)] [E/1734]
23 Jan 2017	Mr Westwood email to Mr Ogle and Mr Williams (JCA) following discussion including "Temporary rainwater strategy"		[E/1736]
8 Mar 2017	Mr Adams email regarding water damage		[E/1796]
Mid-Mar 2017	Roof covering is completed		RAPOC [24] RRAD [18(1)]
27 Apr 2017	Mr Adams emailed Mr Waugh a draft Note from Probyn Miers		[E/1829-1834]
26-28 May 2017	Move in apparently this weekend		[E/1881]
23 May 2017	TRADA / Exova moisture content survey		[E/1861]
23 June 2017	TRADA / Exova moisture content survey		[E/1889]
1-2 Aug 2017	TRADA / Exova moisture content survey		[E/1926]
28 Nov 2017	TRADA / Exova moisture content survey		[E/1978]
3 Apr 2018	TRADA / Exova moisture content survey		[E/2011]
7 Dec 2018	Claimant notified claim against Stoneleigh		[F/50]
21 Dec 2018	Claimant notified claim against Hess		[F/27]
24 Dec 2018	Claimant notified claim against JCA		[F/35]
4-5 Feb 2018	TRADA / Exova condition survey finds rot and decay		[E/2061]
3 Jul 2019	Claimant notified claim against Defendant		[F/3]
4 Sep 2020	Claimant allegedly takes out CBILS loan		RAPOC [39] Adams [78]
5 Nov 2021	Remedial works begin		Adams [80]
8 Dec 2022	Remedial works are completed		Adams [83]
10 Jan 2023	Claimant allegedly takes out a further loan		RAPOC [39] Adams [84]

24.

I did not hear from any witnesses from

- JCA the Construction Manger

- AMK Construction Subcontractor to the Construction Manager

- Hess the timber frame trade contractor

- Stoneleigh the roofing trade contractor

Nor did I hear from Vincent Wang the Claimant’s Development Manager or Simon Garwood the Claimant’s employee and the Claimant’s Project Manager as described in the Agreed Dramatis Personae.

25.

It is not for me to question why these potential witnesses were not called to give evidence. I must decide the case on the pleadings, the written evidence and the oral evidence provided and tested by the parties through their cross examination and re-examination and the parties written and oral submissions. I certainly do not think it is appropriate to draw any inferences from the absence of any evidence from those potential witnesses who were not called to give evidence.