YJL London Ltd v Roswin Estates LLP

Ms Serena Cheng (instructed by Pinsent Masons LLP) for the Claimant Mr Philip Barnes of Cayton and Co for the Defendant Hearing date: 3.12.09 ____________________

What is the true meaning and legal effect of the agreement recorded in the Final Account Statement in connection with the refurbishment of the office block at 9-13 St Andrew St London dated 15 th December 2008. In particular:

1.1. Did the agreement effect a full and final settlement of any claims that the Defendant may have had against the Claimant, as alleged in sub-paragraph 3.8 of the Particulars of Claim?

1.2. Or did it instead fail to displace the terms of the Contract with respect to payment and the Final Account as alleged in paragraph 14 of the Defence and Counterclaim; and/or have the effect only that the sum of �3,144,045.00 was agreed to be the Contract Sum, as alleged in paragraphs 2 and 12 thereof? And

1.3. Did that agreement relieve the Claimant of liability for defects in its performance of the Contract, or otherwise preclude the Defendant from raising those defects by way of a set-off or counterclaim, contrary to sub-paragraph 28 (c)(ii) of the Defence and Counterclaim? And