Alexandra Bodnar successful in claim for Ziggurat in the TCC

News22nd January 2018

Alexandra Bodnar, instructed by Jules Harbage and Carly Thorpe of Walker Morris, represented the successful employer, Ziggurat, in its claim under a performance guarantee bond in the TCC.

View the judgment on Bailii.

Ziggurat employed the contractor, County Contractors (UK) Ltd to carry out construction work at a site in Newcastle. County suspended works and Ziggurat terminated County’s employment under the JCT contract (as amended) for default. County subsequently became insolvent. Ziggurat made a claim under the bond in an amended ABI model form, arising out of County’s default and/or insolvency. The bondsman, HCC, refused to pay and advanced various arguments as to why the bond did not respond. In Ziggurat’s Part 8 claim for declarations as to its entitlement under the bond, HCC’s arguments were rejected by Coulson J or conceded by HCC at the eleventh hour.