Specialists International
This Knowledge Check tests Mace Construct Limited v Baltic Investment Holdings Limited [2026] EWHC 976 (TCC). The Part 8 claim concerned an amended 2016 JCT Design and Build form used for refurbishment of the Baltic Exchange Building.
The court considered whether tender clarifications and a schedule of derogations formed part of the contract, when Mace assumed design responsibility for listed derogation items, and whether a broad declaration could be made about planning delay. It also examined whether an adjudicator could revise an extension of time previously granted by the Employer's Agent.
Deputy High Court Judge Adrian Williamson KC granted declarations concerning incorporation and the limited transfer of design responsibility. He refused the proposed declarations about planning delay and the alleged inability of an adjudicator or court to revise an earlier completion date.
- The incorporated contract documents and the court's interpretation approach
- The initial scope of works and the schedule of derogations
- Planning responsibility and the refusal of declaration 6
- Prospective extension-of-time assessment and paragraph 20 of the Scheme
- The amended JCT Design and Build Contract 2016
- Transfer of design responsibility
- Relevant Omission instructions
- The disposition of the seven declarations