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Banque Paribas v Venaglass Limited

Language: English Series: Construction Industry Law Letter ; (1994) CILL 918-919(2)Publication details: 1994Subject(s): Summary: CA 31 January 1994. A freehold owner of a site (V) entered into a a development agreement with a developer. The developer ran into financial difficulties and V served notice of termination. Under Schedule 4 of the agreement, V became obligated to pay the developer the value of work done. At first instance on the issue of the meaning of Schedule 4 the court rejected the cost based approach contended by B. On appeal CA held in favour of B; the value of the works was to be ascertained by reference to fair and reasonable remuneration for demolition and construction work carried out.

CA 31 January 1994. A freehold owner of a site (V) entered into a a development agreement with a developer. The developer ran into financial difficulties and V served notice of termination. Under Schedule 4 of the agreement, V became obligated to pay the developer the value of work done. At first instance on the issue of the meaning of Schedule 4 the court rejected the cost based approach contended by B. On appeal CA held in favour of B; the value of the works was to be ascertained by reference to fair and reasonable remuneration for demolition and construction work carried out.