Cases - Skanska Construction UK Ltd v Egger (Barony) Ltd

Record details

Name

Skanska Construction UK Ltd v Egger (Barony) Ltd

Date

[2002]; [2003]; [2004]; [2005]

Citation

EWCA Civ 1914; CILL 1969 CA; EWHC 1748 (TCC), CA AT; EWCA Civ 501

Keywords

Building contract, design and build, guaranteed maximum price contract, construction of, whether there was a change in the employer's requirements, whether there was a design development of the employer's requirements

Summary

In this case, Egger had employed Skanska to design and build a factory, with specialist plant and equipment to be supplied and installed by Egger.

A large part of this case involved competing evidence from two eminent delay analysts. Of one analysis the judge said that it was a report of some hundreds of pages supported by 240 charts. It was a work of great industry incorporating the efforts of a team of assistants. However the judge concluded that the analyst was not entirely familiar with the details of his own report which was based on inadequate research and checking.

The decisions in this case dealt with a number of points concerned with the requirements of Egger, specifically, whether the requirements relating to the plant and equipment constituted a change to the employers' requirements or a responsibility on Skanska to carry out the further design work necessary to develop those requirements into a complete design.