Jonathan Ward acted for Lancashire County Council. The case concerned the term maintenance contract that the Council had with Dynniq for the maintenance of all of its traffic signal infrastructure. The contract was an NEC3 standard form with bespoke amendments. An issue arose as to whether the contract required the Council to pay separately for traffic management, or whether this was generally included within the rates for maintenance items. A substantial sum depended on the proper interpretation of the contract. Following a short trial, the court concluded that the Council’s interpretation of the contract was the proper one, and declined to grant declarations to Dynniq which would have entitled it to recover additional sums under the contract.
A copy of the judgment can be found here.
