Overview

In Leander Construction Limited v Mulalley and Company Limited (2011), the Technology and Construction Court declined to imply a term into a sub-contract obliging the sub-contractor to proceed with its works regularly and diligently.

This was despite the fact that a failure by the sub-contractor to do so gave the contractor the express right to terminate the sub-contract. Mr Justice Coulson considered that implying such a term was not necessary and also that precedent established that where a sub-contractor is required to complete its works by a set date no such term could be implied.

In this briefing, Wragge & Co's construction and engineering team analyse the judgment, and what it means for employers and contractors, in more detail.

Click 'View Briefing' to read on.