This case surrounded a dispute over the words ‘on completion of this agreement’ in a contract for the supply by Urban of the Wimax wireless network for Westminster. Under the agreement, there were three key paragraphs in a schedule. Paragraph 2 said that Urban would carry out a pilot stage for six months in which time Westminster would provide eight rooftops to help with the pilot. Paragraph 3 described what would happen after the pilot stage. Paragraph 1 described that ‘on completion of this agreement’ Westminster would provide those rooftops for 15 years for the Wimax project. Urban argued that the disputed phrase meant ‘on signing’, but Westminster contended that it was when the other things were done under the agreement.
This case was decided based on its own facts, but the High Court agreed with Westminster that the only sensible construction of the disputed phrase was to say that it was when the other things were done. There could be no other sensible meaning when considering the other provisions in the schedule, including the fact that there was a pilot stage at all and that Westminster had to provide 8 roofs for 6 months during that phase. The roofs for 15 years therefore had to be a separate additional obligation to that.
