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ARTICLE · 06 MAY 2025

High Court Case Clarifies Risk Allocation For Existing Structures

Addleshaw Goddard
Addleshaw Goddard
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The parties had agreed terms on an amended form of a JCT Design & Build 2016 contract for works at Weir Mill, Chestergate, Stockport (the Contract).

United KingdomReal Estate and Construction
Christopher Russell
Christopher Russell
Laura Brunt
Laura Brunt

In Part 8 proceedings, the Technology and Construction Court has provided a useful reminder that parties to a building contract should ensure there is a clear apportionment of risk within the contract terms, and that additional documents incorporated within the contract do not oppose those agreed terms. Failure to take such care could result in a different contractual position to that which was intended. In John Sisk & Son Limited v Capital & Centric (Rose) Ltd [2025] EWHC 594 (TCC) (14 March 2025) the court had to decide how the risk for existing structures had been allocated between the parties.

The issue in this case

The parties had agreed terms on an amended form of a JCT Design & Build 2016 contract for works at Weir Mill, Chestergate, Stockport (the Contract).

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