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ARTICLE · 09 DECEMBER 2022

Causation And Common Sense

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A recent case in the TCC has provided comment on the perennial issues of delay analysis methodologies, causation and concurrent delay.

United KingdomLitigation, Mediation & Arbitration
Andrew White
Andrew White

Thomas Barnes & Sons PLC (in Administration) v Blackburn with Darwen Borough Council [2022] EWHC 2598 (TCC)

A recent case in the TCC has provided comment on the perennial issues of delay analysis methodologies, causation and concurrent delay.

Thomas Barnes & Sons ("Barnes") was appointed by Blackburn with Darwen Borough Council ("Blackburn") in 2014 under an amended JCT SBC 2011 with Quantities, to construct Blackburn bus station to an innovative design, comprising a "Hub" area for offices at ground and mezzanine levels and a "concourse" providing a waiting area and access to buses.

The appointment of Barnes was terminated on 04 June 2015, who then brought an action for unfair termination, an extension of time and prolongation costs for a period of 209 days over and above EOT of 84 days awarded during the Works.

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