A round-up of the writs in the Technology and Construction Court
AE Yates vs Black & Veatch
Tunnelling and drilling contractor AE Yates Trenchless Solutions has launched a legal battle in a dispute over a water main in Dawlish, Devon. Main contractor Gleeson Construction Services carried out work at Burrows Water Treatment Works to install 600m of water main. AE Yates carried out directional drilling as subcontractor for Gleeson, but a dispute arose over recovery of costs and losses owing to adverse ground conditions. Black & Veatch has taken over Gleeson’s position and is sued in its place.
AE Yates says a binding subcontract came into being in November 2005, and seeks a declaration to that effect. Under that subcontract, entry and exit pits, and excavations to recover equipment or remove obstructions were the responsibility of Gleeson. Now AE Yates is seeking court declarations about the subcontract and other subcontracts.
Team vs Tamdown Regeneration
The owner of a large mixed development in Tower Hamlets is headed for a High Court showdown with a groundworks contractor. Team, which own Sutton’s Wharf North, say it has overpaid contractor Tamdown Regeneration.
Tamdown entered into a contract for ground remediation work at the property in 2006. Despite a fixed lump-sum price being agreed, there was an exchange of emails in March 2007 between construction manager Gardiner & Theobald and Tamdown over a proposed remeasurement of the contract.
In June 2008, Malcolm Harris ruled that Tamdown had been overpaid and should repay Team £165,339.50 but the company has so far only repaid £47,514. Team is asking the court to turn the adjudicator’s award into a court order, and to enforce payment of the money and interest.