Case Review

Severfield (UK) Ltd v Duro Felgura UK Ltd [2017] EWHC 3066 (TCC)

A further case between these parties regarding their hybrid contract for the erection of steelwork at a Combined Cycle Gas Technology PowerStation where the Client (defendant) went into liquidation and the contractor (Claimant) sought to claim, in part against a Parent Company Guarantee to, secure payment for its Final Account.  This is a follow-on case from one reported in 2015 and one in which Mr Justice Coulson further criticises the lack of serious debate in Parliament of the drafting of s.105 of the HGCRA 1996 that he blames for placing the claimant in this current predicament. (Para 15).  Justice Coulson provides a commentary on the QS expert witness evidence and broadly approves a number of common quantity surveying techniques and methods for assessing and collating a final account; the judgment also includes a sample of a type of Scott Schedule.  The case was not argued by the defendants and judgment was given in favour of the claimant.

 

A copy of the case judgment can be viewed and downloaded at:

http://www.bailii.org/ew/cases/EWHC/TCC/2017/3066.html