The judgment of O’Farrell J in Swansea Stadium Management Co. Ltd v Swansea City and County Council ( EWHC 2192 (TCC)) provides guidance on collateral warranties and acts as a warning for any potential claimants to be mindful of any limitations of time in which to commence proceedings under them.
The facts of the case are fairly straightforward. The City & County of Swansea (the “Council”) is the freehold owner of the Liberty Stadium, home to Swansea City Football Club and the Ospreys. The Council leased the Stadium to Swansea Stadium Management Company (the “Claimant”), which is the management company for the Stadium. Interserve Construction was employed by the Council to design and construct the Stadium under a JCT Standard of Form of Building Contract with Contractor’s Design 1998 Edition (subject to certain bespoke amendments) (the “Building Contract”). Read More