Ferdoushi Akhtar Hashi Chowdhury 23/03/2018
Liability in Civil Engineering – A Case Study
Carillion Construction Ltd v Woods Bagot Europe Ltd & Ors [2016] EWHC 905 (TCC)
Introduction
This report presents a liability case study regarding the extension of deadlines in civil engineering projects, and the damages that might occur as a result of these delays. The liability aspect of the dispute presented in this report are reviewed and discussed, highlighting the importance understanding the implications of any delays in civil engineering projects.
The construction of the High Court Rolls Building in London experienced a delay due to a dispute between the main organisations involved in the project. The parties involved were Carillion Construction Ltd (Carillion), …show more content…
A series of question were raised in a preliminary trial:
Assuming that EMCOR was entitled to an extension to the deadline, should that extension:
• run contiguously from the end of the prevailing date of completion, to provide a supplementary time for EMCOR to complete its sub-contract works (as EMCOR contended)? Or,
• as EMCOR contended, run on further periods during which the subcontractor could complete its sub-contract works, which were not necessarily contiguous but were equal to the delay period?
Assuming that, under the building contract, Carillion’s claim against the sub-contractors covered its liability to Rolls for liability damages:
• Had Carillion's liability to Rolls for the liability damages been annihilated by the additional supplemental agreement signed in November 2010?
• if that is the case, what is the effect on EMROC’s and AECOM’s liability to Carillion?
Final
Liability in Civil Engineering – A Case Study
Carillion Construction Ltd v Woods Bagot Europe Ltd & Ors [2016] EWHC 905 (TCC)
Introduction
This report presents a liability case study regarding the extension of deadlines in civil engineering projects, and the damages that might occur as a result of these delays. The liability aspect of the dispute presented in this report are reviewed and discussed, highlighting the importance understanding the implications of any delays in civil engineering projects.
The construction of the High Court Rolls Building in London experienced a delay due to a dispute between the main organisations involved in the project. The parties involved were Carillion Construction Ltd (Carillion), …show more content…
A series of question were raised in a preliminary trial:
Assuming that EMCOR was entitled to an extension to the deadline, should that extension:
• run contiguously from the end of the prevailing date of completion, to provide a supplementary time for EMCOR to complete its sub-contract works (as EMCOR contended)? Or,
• as EMCOR contended, run on further periods during which the subcontractor could complete its sub-contract works, which were not necessarily contiguous but were equal to the delay period?
Assuming that, under the building contract, Carillion’s claim against the sub-contractors covered its liability to Rolls for liability damages:
• Had Carillion's liability to Rolls for the liability damages been annihilated by the additional supplemental agreement signed in November 2010?
• if that is the case, what is the effect on EMROC’s and AECOM’s liability to Carillion?
Final