Design and construction of residential units at Green Lane, Chertsey, Surrey

Descriptions

Vivid Housing Limited ("Vivid") proposes to award a JCT Design and Build Contract ("D&B Contract") to Chartway Group Limited ("Chartway") relating to the design and construction of 149 new residential units, and land for gypsy and traveller pitches and a community hub, together with other associated hard and soft landscaping works, and all other necessary infrastructure works required to complete the development of land at 316 Green Lane, Chertsey, Surrey KT16 9QP ("Site").

The D&B Contract is mainly a contract for the supply of works of the type outlined in the previous paragraph, over a period of 42 months.

The requirement for Vivid to enter into the D&B Contract with Chartway was a contractual obligation set out in the agreement for the sale of the Site between MTP Developments Limited (the Seller) and Vivid (the Buyer) dated 10 October 2025 ("Sale Agreement"). The requirement for Chartway to be appointed as contractor has been stated by the Seller to be a condition of sale since it first approached Vivid with its proposal for the sale of the Site, which it put forward as a package deal. Vivid would therefore have been unable to acquire the Site for the purpose of delivering the development without committing to award the D&B Contract to Chartway.

The D&B Contract was signed and dated by the parties on 10 October 2025, however the rights and obligations of the D&B Contract in respect of the works are subject to the satisfaction of two conditions precedent and so will not come into effect unless and until:

a) Vivid completes on the acquisition of the Site within four months of the date of the D&B Contract (this condition precedent was satisfied on 30 October 2025); and

b)

i. 30 days have passed since the publication of the contract award notice for the D&B Contract and no third party has initiated legal proceedings to challenge the award of the D&B Contract or to claim damages or any other remedy in relation to that award; or

ii. if legal proceedings are initiated against Vivid in the 30 day period following publication of the contract award notice, each of those legal proceedings has either been formally withdrawn and discontinued or has been the subject of a judgment of the Court (with no remaining possibility of appeal from that judgment) which has not led to an order setting aside the D&B Contract or the award of damages or any other remedy against Vivid.