Further TCC High Court success for Adam Beaumont

December 2, 2024

Adam acted for the successful Claimant in the Technology and Construction Court in the case of Grain Communications Limited v Shepherd Groundworks Limited.

The case concerned the postponement of works under a call-off contract and framework agreement. The Defendant claimed the postponement amounted to a termination of the works and was entitled to damages for mobilisation/demobilisation and loss of profit. The Claimant denied any such entitlement or that there had been a breach of the contract.

The matter was initially referred to adjudication with the adjudicator deciding the matter in the Defendant’s favour. However, the Claimant sought declarations from the High Court that postponement was a variation and was therefore not a breach of contract, as well as not giving rise to damages for mobilisation/demobilisation and loss of profit.

Following submissions and a hearing HHJ Kelly, sitting as a Judge of the High Court, made the declarations sought by the Claimant, whilst considering;

• The appropriateness of Part 8 proceedings for matters involving disputes of fact;
• Implying terms against those provided expressly in a contract;
• Requirements for a variation instruction;
• Limitations to the recovery of damages; and
• The fairness of purported exclusion clauses and UCTA.

Adam was instructed by Joe Mills at Ward Hadaway LLP. The full judgment can be read here.