The clause in JCT specifying procedures for claiming against contractors did not oust the employers’ common law rights. An employer failing to give notice under the defects liability clause in time, could still sue under common law for the defect.
Citations:
Times 24-Mar-1999, [1999] 66 Con LR 110
Jurisdiction:
England and Wales
Citing:
Cited – William Tompkinson and Sons Ltd v St Michaels Parochial Church Council 1990
. .
Cited by:
Cited – Persimmon Homes (South Coast) Ltd v Hall Aggregates (South Coast) Ltd and Another TCC 10-Oct-2008
The parties had agreed for the sale of land under an option agreement. The builder purchasers now sought to exercise rights to adjust the price downwards.
Held: The provisions had been intended and had achieved a prompt and binding settlement . .
Lists of cited by and citing cases may be incomplete.
Construction
Updated: 28 April 2022; Ref: scu.84628