Specialists International
This Knowledge Check examines One Hyde Park Limited's claim against Laing O'Rourke Construction South Limited for serious defects at the One Hyde Park development. Shortly before trial, the defendant said that it could no longer fund its defence, entered a creditors' voluntary liquidation process and did not participate in the hearing.
The court struck out the defence but required One Hyde Park to prove its case. The judgment considers the status of factual and expert material where the witnesses are not called, One Hyde Park's repair responsibilities under the lease structure, and liability under a 2010 collateral warranty tied to the 2007 main contract.
The defects concerned chilled-water pipework, butterfly valves, soldered joints and a pantograph cradle. The court accepted the claimant's evidence on breach, causation, remedial scope and quantum, including the need to replace almost all chilled-water pipework during a programme expected to last about 10.46 years.
- The defendant's withdrawal from the trial and the strike-out of its defence
- The claimant's duty to prove its case and present it fairly
- The status of uncalled factual and expert evidence
- The main contract and the 2010 collateral warranty
- The lease provisions governing repair responsibility
- The four defect heads advanced by One Hyde Park
- The cause and extent of chilled-water pipework corrosion
- The required pipework replacement and its expected duration
- The findings on butterfly valves and soldered joints
- The damages awarded for each defect head