FOR ALL PRACTICAL PURPOSES

摘要

Laing O'Rourke Construction vs Healthcare Support (Newcastle) and Newcastle upon Tyne NHS Hospitals Trust reminds us of the tests an independent tester should apply before certifying practical completion and the importance of setting out in contract the extent to which strict observance of the specification is necessary. An independent tester (or independent certifier) is responsible under a PFI project agreement for inspecting and signing off works. It's a critical role and one for which it must act impartially. In a typical PFI structure, payments will not flow until the facility is ready for use. The first defendant was engaged to procure facilities at two hospitals by the second defendant, an NHS Foundation Trust. It sub-let the design and construction of the works, divided into nine phases, to the claimant. The dispute centred on Phase 8: two new blocks of staff offices.