Emcor Drake & Scull Ltd v Sir Robert McAlpine Ltd

Citation: 98 Con LR 1 CA

Nature of case:The Court of Appeal upheld the TCC’s decision that the claimant sub-contractor had only been instructed to carry out works up to a value of £14 million under work orders.  In the absence of a formal sub-contract, the defendant’s argument that the sub-contractor had agreed to carry out the whole of the M&E works for the £34.25 million would fail.

See also the TCC decision: Emcor Drake & Scull Ltd v Sir Robert McAlpine Ltd [2004] All ER (D) 81

Counsel

David Thomas QC
Adam Constable QC

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