Aviva Insurance Ltd v Hackney Empire Ltd: CA 19 Dec 2012

This appeal concerns a bond given to secure the performance of a construction contract. The bondsman appeals against a decision that it remains liable under the bond, despite the fact that the employer paid to the contractor additional sums which were not due under the contract. There are also issues concerning the extent of the bondsman’s liability; these issues turn upon the meaning and effect of the termination provisions in the construction contract.

Judges:

Sir John Thomas P, Moses, Jackson LJJ

Citations:

[2012] EWCA Civ 1716, [2013] 1 EGLR 101, [2013] 2 EG 66, [2013] BLR 57, [2013] WLR(D) 2, [2013] 1 WLR 3400, 146 Con LR 1

Links:

Bailii, WLRD

Jurisdiction:

England and Wales

Contract, Construction

Updated: 04 July 2022; Ref: scu.467186