HT-2023-000321 - [2025] EWHC 1764 (TCC)

As can be seen, the pleaded approach of KML started with the value of the Revised Purchase Order as if it was a Lump Sum for all the project management, equipment and personnel required. The consequence of this is that KML effectively ‘admits’ an entitlement on Pharos’s part to the £24,000 Lump Sum, and the additional equipment costs in the ‘not to exceed’ sum of £81,000, even though these sums did not form part of the pleaded claim, advanced by reference to the sums invoiced.

Where there is no claim for the £24,000 lump sum project management fee, or additional equipment costs at £81,000, I have not, in assessing the amount due, re-instated these sums.

It is therefore necessary to consider the following categories of costs claim for the relevant duration (daily costs) and fixed costs: