Fenice Investments v Jerram Falkus Construction (No. 1)
Citation: EWHC 3272 (TCC)
Nature of case:
Fenice had engaged Jerram to design and construct five residential properties and a commercial unit in north London. The parties’ contract incorporated the JCT Design and Build contract (Revision 1) 2007 with a number of amendments. The contract stipulated that any application for an interim payment should be accompanied by such details as were stated in the Employer’s Requirements. However, the interim payment provisions in the JCT Conditions were not amended so as to incorporate s.15 of the Requirements. The conflict between the inclusion of the two different interim payment mechanisms was resolved in favour of the JCT conditions which, by virtue of a clause providing for the hierarchy of several contractual documents, took precedence.