Machenair Ltd v Gill & Wilkinson Ltd, Court of Appeal - Technology and Construction Court, March 14, 2005, [2005] EWHC 445 (TCC)

Reporting Judge: [2005] EWHC 445 (TCC)

President: Machenair Ltd v Gill & Wilkinson Ltd

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Machenair Ltd v Gill & Wilkinson Ltd, Court of Appeal - Technology and Construction Court, March 14, 2005, [2005] EWHC 445 (TCC)

Neutral Citation Number: [2005] EWHC 445 (TCC)

Case No: 4T-00508

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

TECHNOLOGY AND CONSTRUCTION COURT

The Combined Court Centre

Oxford Row, Leeds, LS1 3BG

Date: 14/03/2005

Before :

THE HONOURABLE MR. JUSTICE JACKSON

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Between :

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MR. A. EDWARDS for the Claimant

MR. C. DODD for the Defendant

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Judgment

14th March 2005

1. MR JUSTICE JACKSON: This judgment is in eight parts, namely:

Part 1, introduction.

Part 2, the facts.

Part 3, the present proceedings.

Part 4, what were the terms of the sub-sub-contract between Gill and Machenair?

Part 5, what sums are due in respect of variations?

Part 6, Gill's counterclaim.

Part 7, the conduct of litigation in the Technology and Construction Court.

Part 8, conclusion.

Part 1. Introduction.

2. This case is in essence a dispute about a final account, which I am trying at the Technology and Construction Court in Leeds. The claimant is Machenair Ltd., to whom I shall refer as "Machenair"; the defendant is Gill and Wilkinson Ltd., to whom I shall refer as "Gill". The main contractor on the project with which this court is concerned was Totty Construction Group PLC, to whom I shall refer as "Totty".

3. Gill was engaged by Totty as mechanical and electrical sub-contractor. Gill, in turn, engaged two sub-sub-contractors, namely Machenair for the mechanical works, and D. and G. Technical Services Ltd. for the electrical works. I shall refer to the latter company as "D. and G.". It is the final account on the mechanical works which has given rise to the current litigation.

4. During the course of the present trial I have heard the oral evidence of six witnesses. Let me introd...

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