Case in focus: Avantage (Cheshire) Ltd vs GB Building Solutions Ltd

Legal 2 main image

An unsuccessful application for reverse summary judgment

The case

Avantage (Cheshire) Ltd and others vs GB Building Solutions Ltd (in administration) and others [2022] EWHC 171 (TCC)
Before the Honourable Mrs Justice Joanna Smith DBE
In the Technology and Construction Court
Judgment delivered 31 January 2022

The facts

Under a 2007 PFI agreement made with Cheshire County Council, Avantage undertook to finance, construct and thereafter manage and maintain five retirement homes.

Avantage engaged GB Building Solutions as its design and build contractor.

Under an appointment document made in 2006, GB retained WSP as a consultant to produce a fire safety strategy for the homes. The appointment acknowledged the PFI arrangements. WSP completed the fire safety strategy in October 2007 and this was provided to GB with a disclaimer that it should not be relied upon by any third party.

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