ALMACANTAR (CENTRE POINT) LTD V SIR ROBERT MCALPINE LTD

[2018] EWHC 232 (TCC), Technology and Construction Court, Jefford J, 21 February 2018

Part 8 declaration – Interpretation of contract – Whether defendant was entitled to payment in respect of the balance of 50 per cent of the fee

The claimant brought an action seeking a declaration that on the true construction of a Pre-Construction Services Agreement between the parties, the defendant was only entitled to payment in respect of the balance of 50 per cent of the fee agreed between the parties in the event that the parties entered into a construction contract for the project and on the occurrence of the first valuation following commencement on site under such a contract. The parties had not in fact entered into such a contract before the Pre-Construction Services Agreement was terminated and so on the claimant's case the defendant was not entitled to payment of the balance of 50 per cent of the fee.