WW Gear Construction Ltd v McGee Group Ltd
Citation: EWHC 1460 (TCC), 131 Con LR 63 TCC, CILL 2884
Nature of case:
The TCC upheld the claims procedure in a trade contract in connection with the construction of a London hotel. The contractor was required to comply with the provisions of the contract, including the time limit, as a condition precedent to its loss and expense claim. The Con LR Editors comment that “If there is one lesson to be taken from the case, it is that the court will be prepared to uphold properly drafted condition precedent clauses, so contractors faced with such clauses and who want to retain their rights to matters such as extra payment under the contract must be scrupulous to comply with the requirements of the same.”
