Timberbrook V Grant Leisure: Staged Payments, Variations And Termination Clause

Introduction

The recent English case of Timberbrook Ltd v Grant Leisure Group Ltd [2021] EWHC 1905 (TCC) (Date of Judgement: 16 July 2021), which was heard in the Technology and Construction Court, is a good illustration of the factors which contractors should consider when making post-termination claims against the employer.

This case also serves as a reminder to employers that termination under express contractual provisions might affect their entitlements to termination-related losses.

Background of this case

The Defendant (owner) owned and operated a zoo. The Claimant (contractor) specialised in installing and fitting out animal enclosures and related facilities at zoos and wildlife parks.