Scheldebouw BV v St James Homes (Grosvenor Dock) Ltd (Record no. 76668)

MARC details
000 -LEADER
fixed length control field 02047cab a2200181 4500
001 - CONTROL NUMBER
control field ##L132871
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 060315n2006 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u132871
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Scheldebouw BV v St James Homes (Grosvenor Dock) Ltd
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2006
520 ## - SUMMARY, ETC.
Summary, etc. [2006] EWHC 89, TCC, 16 January 2006. SJ engaged S to install cladding on three buildings. The contract provided for a design team and construction manager; M were appointed construction manager, in a section which defined other entities and concluded with a power for SJ to appoint any further or other person. At a later date, SJ purported to appoint itself construction manager, and after disagreement between the parties, applied to the court for a declaration that it was entitled to do so under the contract. "Held" a decision-maker under a construction contract, who was not independent of the employer, was obliged to use his professional skills and best endeavours to reach the correct decision, rather than a decision favouring the employer's interests. Whilst an employer itself was not incapable of acting in such a manner, it was more difficult for it to make a decision contrary to its own interests. In this case, the whole structure of the contract had proceeded on the basis that employer and construction manager were different entities, and a large number of complexities were created if they were the same. Additionally, If SJ's interpretation were correct, then it would be entitled to dismiss all the design team, and act in their place, which would completely transform the agreement between the parties. In the circumstances, SJ was not entitled to appoint itself construction manager.
590 ## - LOCAL NOTE (RLIN)
Local note IKA280306
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element SCHELDEBOUW BV V ST JAMES HOMES (GROSVENOR DOCK) LTD
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element BUILT ENVIRONMENT-CONSTRUCTION MANAGEMENT-BUILDING CONTRACT ADMINISTRATION
856 41 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/TCC/2006/89.html">https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/TCC/2006/89.html</a>
Public note View the item free of charge at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     Virtual Virtual Online 17/03/2006   ONLINE PUBLICATION 132871-1001 06/08/2019 1 06/08/2019 Law report