BMBF (No 12) Ltd v Harland and Wolff Shipbuilding and Heavy Industries Ltd - QBD (Com Ct)(Tomlinson J) - 17 November 2000

Shipbuilding contract providing that title to vessel should pass to buyer during construction - Buyer invoking alleged contractual right to take possession on builder’s default - Whether buyer obliged to “complete the Vessel in accordance with this Contract and the Specifications” - Whether buyer remained liable to pay builder such instalments of contract price as were unpaid as at the date when possession was taken

On 27 February 1998 Global Marine International Drilling Corporation (“GMIDC”) entered into a contract with Harland and Wolff (“the builder”) for the construction and delivery of a deep-water drill ship “the vessel”. Pursuant to a novation, the obligations of GMIDC under the contract were assumed by BMBF (No 12) Ltd (“the owner”).