O'Rourke Construction Ltd v Healthcare Support (Newcastle) Ltd and others

Contract – Construction. The claimant construction company carried out work at two NHS premises. The relevant contract stipulated that the work would be assessed by an independent tester. The tester refused to grant the necessary completion certificate. The claimant brought proceedings. It submitted that a narrower construction of the contracts was to be preferred, so that all that was required was compliance with the completion criteria. The second defendant NHS trust submitted that any breach of contract relating to the quality or conformity of the works required the tester to withhold the completion certificate. The Technology and Construction Court held that, on the true construction of the contracts, the claimant's interpretation was to be preferred.

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