Almacantar (Centre Point) Ltd v Sir Robert McAlpine Ltd  EWHC 232 (TCC)21st Feb 2018
Part 8 proceedings related to a dispute arising out of a project to redevelop the landmark Centre Point Tower in London. The project involves the redevelopment of the tower and other buildings, largely for residential use with some retail and other facilities, at a cost in excess of £100 million.
The parties, Almacantar (Centre Point) Limited (“Almacantar”), the developer, and Sir Robert McAlpine (“SRM”) entered into a fixed Fee Pre-Construction Services Agreement (“the PCSA”) on 17 September 2012 with the aim of subsequently agreeing a design and build contract for the full project. In September 2014, the PCSA was terminated by consent, SRM having declined to enter the design and build contract anticipated by the PCSA. This dispute centres on SRM’s right to payment of the balance of 50% of the Fee following that termination. An adjudicator had decided that dispute in favour of SRM. These proceedings finally determined the proper construction of the payment and termination provisions of the PCSA in favour of Almacantar and resulted in the sums paid pursuant to the adjudicator’s decision having to be returned to Almacantar.
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21 February 2018