Beldam LJ said: ‘It seems to me implicit that the demand made by the sub-contractor should state the amount of the damages sustained by the default. But it does not follow that, because the main contractor must state the amount of the damages, the surety is entitled to question the amounts claimed by arguing that they are excessive or have not been incurred. It goes without saying that such a statement of damage must be made in good faith.’
Judges:
Beldam LJ
Citations:
(1994) 66 BLR 42
Jurisdiction:
England and Wales
Cited by:
Appeal from – Trafalgar House Construction (Regions) Ltd v General Surety and Guarantee Co Ltd HL 4-Jul-1995
The main contractors for the construction of a new leisure complex for a borough council entered into a subcontract for the groundworks. The subcontractor and the appellants provided a Bond for 10 percent of the value of the subcontract on condition . .
Lists of cited by and citing cases may be incomplete.
Construction, Damages
Updated: 27 October 2022; Ref: scu.538239
