Costain Ltd v Bechtel Ltd

Citation: TCLR 6 and [2005] BLM Vol. 22 No.8 p.1 TCC

Nature of case:
Already reported in CILL, this concerns alleged improper interference by project managers in impartial contract administration.  Following a meeting with the project managers on the Channel Tunnel Rail Link project, the contract administrators increased disallowance of contractors’ claims.  The contractors alleged improper interference causing the client to breach the contract and they sought interim injunctions.  The project managers argued that under the (amended) NEC contract there was no duty of impartiality on the project managers.  The court entertained doubts about this and held that there was a serious issue to be tried, but refused the injunctions, since on the balance of convenience, damages would be an adequate remedy.

See other reports:

[2005] CILL p.2239 TCC

Counsel

David Thomas QC

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