Almacantar v Sir Robert McAlpine 2018
The property boss said he “wouldn’t trust Sir Robert McAlpine Ltd to deliver a pizza” in reference to Almacantar’s experience with the firm on its £100m redevelopment of Centre Point, London.
Mr Hussey’s tweet began with: “Dinosaurs take note: You don’t get paid if you don’t turn up; you don’t get paid if you don’t perform,” and linked to the high court judgement on the case.
The two firms’ legal dispute related to a pre-construction contract signed in September 2012 for the redevelopment of the Centre Point tower in London. Under the agreement Sir Robert McAlpine was paid 50 per cent of the fee up front with the rest due once the main works had begun.
The agreement was terminated by Sir Robert McAlpine in September 2014; a year later Sir Robert McAlpine claimed Almacantar owed it the full value of the pre-construction contract, just under one million pounds, which the developer refused to pay as it did not appoint Sir Robert McAlpine on the second phase of the PCSA.
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. The payment of circa £1 million had to be returned.
The key is to ensure that the terms of the agreement are understood and are clear.
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If you have any concerns or problems relating to issues such as this then do not hesitate to contact Peter and his construction team at ph@rogers-norton.co.uk or 01603 675639.