Did you know that there is a version of The Construction Index for the USA? Visit the site No thanks
Follow us on Twitter Follow us on LinkedIn Follow us on Instagram
Daily construction news
Weekly plant news

Construction News

Tue November 21 2017

Related Information
Related Information
Related Information

News » UK » Interserve wins waste plant sacking dispute » published 3 Nov 2017

Interserve wins waste plant sacking dispute

A judge has ruled in Interserve’s favour in a dispute over its sacking from a waste to energy plant project in 2015.

Main EPC contractor Hitachi Zosen Inova AG (HZI) subcontracted Interserve Construction in May 2014 to take on the civil engineering and building works at an energy from waste plant in Hartlebury, Worcestershire.

HZI sacked Interserve with immediate effect the following year, citing various breaches of contract. Interserve said that under the contract it was entitled to seven days’ notice to put things right.

A legal dispute followed, culminating in a High Court hearing at the the Technology & Construction Court in July 2017. The judge, Nerys Jefford, published her judgment this week and came down in favour of Interserve Construction Ltd (ICL).

She concluded: “It is plain that the parties in July 2015 were both focussed on the dispute as to responsibility for delay. It does not seem to me that I can infer from that any agreement as to the interpretation of the Contract and certainly not one that would displace what, in my judgment, is the natural meaning of the words used.

“I will therefore grant the declaration sought by ICL that it was a condition precedent to HZI having the right to terminate pursuant to Sub-Clause 43.1(h) and 43.1(q) that HZI first issue a notice pursuant to Sub-Clause 43.1A and allow ICL a seven day period in which to commence and diligently pursue the rectification of the default that was the subject of the notice.”

The full judgment is at www.bailii.org/ew/cases/EWHC/TCC/2017/2633.html

 

MPU

Download our free construction news iPhone / iPad app. Sign up to our FREE email newsletters or subscribe to our RSS feed for regular updates on the latest Construction News, Plant News, Contract News & Supplier News. The Construction Index also provides the latest Construction Tenders, Construction Market Data & Construction Law Commentary all FREE.

This article was published on 3 Nov 2017 (last updated on 3 Nov 2017).

More News Channels