Carillion Construction Ltd v Woods Bagot Europe Ltd [2016] EWHC 905 (TCC)

The TCC considered preliminary issues relating to the damages for delay to the construction of the Rolls Building, where the TCC itself sits. The Contract between the claimant contractor and defendant sub-contractor was in the standard JCT Sub-Contract DOM/2 form which allowed an extension of time for the works beyond the completion date “or any revised such period” in the event of delay. The clamant sought costs associated with delay as well as to pass down the liquidated damages the developer had deducted under the main contract. The sub-contractor claimed it was entitled to an extension of time, and also disputed the contractor’s liability to the developer. The preliminary issue concerned whether, on the assumption the sub-contractor was entitled to an extension of time, the revised periods for completion of the sub-contract works were to be added contiguously to the end of the revised period for completion, or whether they should be fixed so as to reflect the period for which Emcor was in fact delayed, which could therefore be discontinuous with the revised completion date. The Judge held that the natural meaning of the clause was that the additional period was to be contiguous to the pre-existing period. There would not be a fresh and potentially discontinuous period for completion added onto a future date when the variation arose.