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Eiger Funding (PCC) Ltd v Ridge and Partners LLP [2026] EWHC 609 (TCC) (16 March 2026) What are the practical implications of the case? This ruling is a seminal, defining judgment that reshapes the scope and limits of monitoring surveyor exposure along three closely connected strands. First, the character of the IMS obligation. The most significant takeaway is that a monitoring surveyor must exercise independent professional judgement, not act as a passive conduit. Ridge was held in breach for repeating the developer client’s cost numbers in a report to Eager as “agreed and robust” without verifying them. The baseline is now fixed: objective benchmarking against an industry yardstick, such as BCIS, is compulsory. If a developer’s figures sit in the bottom quartile of market pricing, the surveyor must give a clear warning to the lender about the material risk of cost overrun. An IMS that simply transmits developer statements falls short of the reasonably competent professional standard. Second, conflicts of interest. This is the...
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z M&E Abbreviation for mechanical and electrical. Main contractor On a project where some work is sub-contracted, the main contractor (also called the head or lead contractor) is the party that enters into a contract with the employer and is ultimately accountable for delivering the works. The main contractor may then sub-contract part or all of the works to its sub-contractors. Maintenance period The period following practical completion during which the contractor is required to return to site to make good any defects that occur or are identified during that time...
When a bank or another source of finance resolves to fund a construction or development scheme, it will typically appoint a project monitor—often called a monitoring surveyor—to keep the project under review on its behalf. Because a lender’s own staff are unlikely to possess both the time and the requisite expertise to perform this function, the monitor acts, in practical terms, as the lender’s ‘eyes and ears’. In most cases, project monitors are either project managers or quantity surveyors, as these two professions carry sound knowledge of the contractual framework as well as the construction process itself. The lender should involve the monitor from an early point in the design and procurement stages, with that involvement then continuing throughout the build, right through to practical completion and beyond. This Practice Note describes the principal duties and roles undertaken by the project monitor. Pre-construction duties Procurement strategy At the outset of a construction development, one of the employer’s first decisions concerns the procurement route to adopt and use....