JCT Contracts: Condition Precedent

In the following case the court had to consider the construction of a condition precedent in a standard form JCT trade contract, as amended by the parties.

WW Gear Construction Ltd v McGee Group Ltd [2010] EWHC 1460 (TCC)

The employer entered into a trade contract with a trade contractor to carry out excavation and other ground works in connection with the construction of the Westminster Park Plaza Hotel. The construction manager named in the Contract was GC Project Management Ltd. The contract incorporated the JCT Trade Contract terms (TC/C) 2002 edition with Amendment No 1:2003, as further amended by the parties.

The trade contractor completed its work in about May 2009. Disputes arose between the parties in connection with payment including the trade contractor's claims for loss and expense relating to delay and disruption.