Scheldebouw BV v St James Homes (Grosvenor Dock) Ltd
Citation: BLR 113 TCC; Cons LJ Vol. 22 No.6; CILL 2313; BLM Vol.23 (question of construction as to whether the employer could replace the independent certifier by stepping into the role himself)
Nature of case:
This concerned the issue of independence of the contract administrator. The TCC held that the client could not itself replace its construction manager in the administration of trade contracts for cladding in the Grosvenor Waterside development. The court considered that this would be inconsistent with a decision maker’s obligation of impartiality, fairness and honesty and could only be achieved by express contractual provision.
Note that Jackson J was here obliged to consider issues, albeit on different facts, left over from Costain v Bechtel (David Thomas QC), in which he also presided.