DOOSAN ENPURE LTD v INTERSERVE CONSTRUCTION LTD

[2019] EWHC 2497 (TCC), Technology and Construction Court, Jefford J, 25 September 2019

Joint Venture Agreement – Construction – Entitlement to interim payment

The claimant and the defendant were parties to a Joint Venture Agreement which was entered into in connection with a project at a water treatment works in Northumberland. The claimant alleged that the sum due to it amounted to £5,312,359.71 but that the defendant had, in breach of contract, prevented payments being made to the claimant in in breach of clauses 8.6 and 8.9 of the JVA. It also alleged that the defendant had, in breach of clauses 8.8 and 8.9 of the JVA, unilaterally suspended payments to the claimant in circumstances where its request for suspension of payments had been rejected by the JV Committee.