Yuanda (UK) Ltd v WW Great Construction Ltd

Citation: EWHC 720 (TCC), CILL 2849, BLR 435, 130 Con LR 133, TCLR 5, 1 CLC 491, Con LJ Vol 26 No 5 TCC

Nature of case:
Already reported in CILL, the adjudication provisions under a trade contract on a London hotel project were an amended version of the TeCSA Rules, making Yuanda liable for all costs in the adjudication whatever the outcome. This was held not to be unreasonable for UCTA purposes nor void for uncertainty, but it did fail to comply with the requirements of s.108 HGCR Act and so would be replaced by the Scheme. Bridgway v Tolent (Tolent clauses) disapproved. On the Late Payment of Commercial Debts (Interest) Act, 0.5% above base would not constitute a substantial remedy, so it would be replaced by 8% above the reference rate.

Link to Judgment 

Counsel

Gideon Scott Holland

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