Cases - FG Minter Ltd v WHTSO

Record details

Name

FG Minter Ltd v WHTSO

Date

(1980)

Citation

13 BLR 1

Keywords

Construction claim - loss and expense claim - damages - delay - financing charges - idle plant - idle machinery - direct loss and expense - recoverability

Summary

The claimant contractors were employed to construct a teaching hospital in Wales under the RIBA Standard Form of Building Contract 1963 edition. The claimant borrowed heavily to fund the project. At trial it was established that the defendant was responsible for the late or non-issue of instructions, drawings, details and levels, and the claimant brought a claim for loss and expense including, amongst other things, a claim to recover finance charges for the periods in which plant and machinery lay idle as a result of the delays. The Court of Appeal held that such charges could legitimately be recovered as part of a party's 'direct loss and expense' under the contract.