London & Regional (St George’s Court) Ltd v Ministry of Defence & Anor
Citation: EWHC 526 (TCC); (2008) 152(14) S.J.L.B. 28; [2008] All E.R. (D) 249 (Mar)
Nature of case:
London & Regional (“L&R”) had made an Agreement For Lease with the MOD, subletting property to the MOD and agreeing to carry out refurbishment works. This agreement included provision for the MOD to request variations to the refurbishment works, and that the MOD would “pay the costs and incidental expenses of the Tenant’s Variations … as they are incurred as to which (a) in respect of the costs of the Tenant’s Variations payment is to be made against [L&R’s] agent’s certificates of the costs and incidental expenses …”. A third party, S, was engaged to carry out the works.
- whether a certificate from L&R’s agent in respect of Tenant’s Variations was a condition precedent to the MOD’s liability for such variations; and
- whether the settlement agreement between the L&R and S provided the MOD with a defence to the claims in the present proceedings.