PROVIDENCE BUILDING SERVICES LTD V HEXAGON HOUSING ASSOCIATION LTD

[2024] EWCA Civ 962, Court of Appeal Civil Division, Coulson, Popplewell and Stuart-Smith LJJ, 15 August 2024

2016 JCT Standard Form of Design and Build Contract – Contractor's entitlement to terminate its employment – Relationship between clauses 8.9.3 and 8.9.4

The issue in dispute was whether a contractor under the 2016 Edition of the JCT Standard Form of Design and Build Contract could terminate its employment under clause 8.9.4 of the contract, in a case where a right to give the further notice referred to in clause 8.9.3 had not previously accrued. At first instance the answer given to this question was "no" but the Court of Appeal unanimously allowed the appeal and held that the answer was "yes".