In Morris Homes (West Midlands) Ltd v Keay & Another  EWHC 932, the Technology and Construction Court (TCC) considered a developer's obligations in an agreement for lease. By clause 3.1 of the agreement the developer, Morris Homes (MH), was required to "as soon as reasonably practicable commence and thereafter diligently carry out the Works in accordance with the planning permission and all other relevant permissions consents and the documents ... in a good and workmanlike manner with good quality materials ...".
The dispute concerned the construction of a medical centre in Birmingham and MH's decision to suspend construction work because of the financial crisis. The dispute was referred to arbitration, and the arbitrator found that MH was in breach of clause 3.1. MH asked the court for permission to appeal against the arbitrator's award, but the TCC judge found that the arbitration award was correct.