Hescorp Italia spa v Morrison Construction Ltd and Impregilo UK Ltd
Hescorp Italia spa v Morrison Construction Ltd and Impregilo UK Ltd
- 2000
- Construction Law Journal [2000] 16 Const.L.J. 6, 413-424(11) .
TCC 17 March 2000. Claimant applied for a summary judgement under CPR Part 24 together with an interim payment under CPR Part 25.7. The claimant and defendant were negotiating the conditions and obligations of the proposed steelwork sub-contract. During this period, the claimant started work and reached completion of the work, although there was still no signed contract. Claimant maintained they were entitled to be paid on a "quantum meruit" as there was still no formal contract. Defendant alleged that a contract was entered into, in an informal manner during correspondence, and that it was entitled to set off a counterclaim for breaches of contract, including liquidated damages for delay. "Held" applications adjourned. See ABS62131
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
COMPLETION DATES
DAMAGES
QUANTUM MERUIT
INTERIM PAYMENTS
SUMMARY JUDGMENTS
HESCORP ITALIA SPA V MORRISON CONSTRUCTION LTD AND IMPREGILO UK LTD
TCC 17 March 2000. Claimant applied for a summary judgement under CPR Part 24 together with an interim payment under CPR Part 25.7. The claimant and defendant were negotiating the conditions and obligations of the proposed steelwork sub-contract. During this period, the claimant started work and reached completion of the work, although there was still no signed contract. Claimant maintained they were entitled to be paid on a "quantum meruit" as there was still no formal contract. Defendant alleged that a contract was entered into, in an informal manner during correspondence, and that it was entitled to set off a counterclaim for breaches of contract, including liquidated damages for delay. "Held" applications adjourned. See ABS62131
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
COMPLETION DATES
DAMAGES
QUANTUM MERUIT
INTERIM PAYMENTS
SUMMARY JUDGMENTS
HESCORP ITALIA SPA V MORRISON CONSTRUCTION LTD AND IMPREGILO UK LTD