Beware of the Undertaker

The job at 150 Loudoun Road, Camden has caused much angst between the employer, Fenice Investments, and its contractor, Jerram Falkus Construction and this has led to a number of legal skirmishes. In the latest skirmish, the judge commented on the phrase, “Statutory Undertaker”. He suggested that given the patchwork of companies which provide and maintain utilities, perhaps we ought to revisit the traditional definition. Where the term is used, maybe it should also refer to a “private utility or undertaking”.

Jerram Falkus Construction Ltd v Fenice Investments Inc [No.4] [2011] EWHC 1935 (TCC)