BLACK & VEATCH CORPORATION V KAZSTROYSERVICE GLOBAL BV

[2021] EWHC 2104 (QB), Queen’s Bench Division, Mrs Justice Jefford DBE, 30 July 2021

Contracts – Guarantee – Whether primary or secondary obligations – Entire agreement clause

The defendant had provided a parent company guarantee (PCG) in favour of the claimant, guaranteeing the performance of the defendant’s subsidiary Petron in the context of an unincorporated consortium that the parties had entered into for the purpose of a construction project. The claimant had made a demand on the guarantee which went unpaid, leading to these proceedings in which the defendant raised Petron’s cross claims as a defence to any liability under the PCG.