ENERGY WORKS (HULL) LTD V MW HIGH TECH PROJECTS UK LTD AND OTHERS

[2020] EWHC 2537 (TCC), Technology and Construction Court, O’Farrell J, 24 September 2020

Contract – Legal effect of assignment of a subcontract – Novation – Claim for contribution

The claimant and the first defendant entered into a contract under which the first defendant was engaged as main contractor under an EPC contract to design, procure, construct, commission and test a fluidised bed gasification plant which was capable of processing refuse derived fuel produced by commercial, industrial and municipal solid waste. The second defendant provided a parent company guarantee in respect of the first defendant’s performance of the works. The first defendant entered into a subcontract with the Part 20 defendant (“Outotec”) for the supply of key elements of the gasification plant and Outec in turn entered into a deed of collateral warranty in favour of the claimant.