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ARTICLE · 21 MARCH 2018

Planning Consent: Implied Terms And Risk In A JCT Contract

Gowling WLG
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On 16 March 2018, the CA handed down a decision in the case of Jean-Francois Clin v Walter Lilly & Co Ltd (2018) confirming that a term should be implied into a JCT form of contract providing for an obligation by...

United KingdomReal Estate and Construction
Ashley Pigott
Ashley Pigott
Cathy Moore
Cathy Moore
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On 16 March 2018, the Court of Appeal (CA) handed down a decision in the case of Jean-Francois Clin v Walter Lilly & Co Ltd (2018) confirming that a term should be implied into a JCT form of contract providing for an obligation by the Employer to use all due diligence to obtain consents and approvals in relation to the works, including planning permission.

We review the background to this decision and its implications.

BACKGROUND

The factual background to the dispute in summary:

  • Mr Clin owns two adjoining houses in Kensington and, in September 2012, appointed Walter Lilly to carry out extensive building and alteration works to create one single house.
  • The contract used was JCT 2005 with Quantities incorporating Revision 2 of 2009 including certain design and build obligations - with bespoke amendments (the Building Contract)

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