Cases - Claymore Services Limited v Nautilus Properties Limited

Record details

Name

Claymore Services Limited v Nautilus Properties Limited

Date

[2007]

Citation

EWHC 805 (TCC)

Legislation

• Judgments Act 1838
• Housing Grants, Construction and Regeneration Act 1996
• Late Payment of Commercial Debts (Interest) Act 1998
• Supreme Court Act 1981

Keywords

Construction claims - letter of intent

Summary

Nautilus engaged Claymore to refurbish and convert a property into a hotel and nightclub. Work began in 2001, under a letter of intent, the work was completed in 2002. A dispute arose over the final account, and Claymore referred the dispute to adjudication, which was discontinued as the adjudicator did not have jurisdiction. However, the dispute settled prior to the trial but the question of interest remained unresolved.

HHJ Jackson held that interest should be from the date when the sum due was ascertainable. For a quantum meruit claim it was from the time Claymore's final account had been presented to Nautilus and they had been given a reasonable amount of time to appraise it.