The case

Imperial Chemical Industries Ltd vs Merit Merrell Technology Ltd [2018] EWHC 1577 (TCC)

Before the Honourable Mr Justice Fraser

In the Technology and Construction Court

Judgment delivered 21 June 2018

The facts

During 2012 MMT was engaged by ICI to provide steel and pipe works at a new paint manufacturing facility in Ashington, Northumberland. The contract was based on the NEC3 terms with an estimated value of £1.9m but MMT was subsequently instructed to carry out significant additional works. ICI stopped making payments to MMT during 2014, alleging extensive defective works. In February 2015 ICI purported to terminate the contract, claiming repudiatory conduct by MMT.  Following a successful adjudication MMT received a further £8m, bringing the total paid to £20.9m. During 2015 ICI commenced proceedings in the TCC seeking the return of some £10m in respect of defective works and damages for wrongful repudiation.  

By highlighting so scathingly what not to do, this judgment shows how judges want to see TCC litigation conducted  

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