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.