The claim arose from works at a sewage plant carried out by the defendants and their sub-contractors. The plant failed to meet performance standards. It was suggested that the form of standard contract restricted the claimant’s ability to pursue a damages claim for breach, but it now sought the contractual entitlement to recover its relevant remedial costs.
Held: The claimant’s rights were limited by the contract, which provided other remedies. The claimant had not carried out the recommended acceptance testing. The system itself was sound. The claim failed.
Judges:
Forbes J
Citations:
[2004] EWHC 1660 (TCC)
Links:
Citing:
Cited – Charter Reinsurance Co Ltd v Fagan and Others HL 24-May-1996
The re-insurers appealed against a finding that they were liable to make payment under a contract which required them to pay ‘sums actually paid.’ They said that the company having become insolvent, no payment would in fact be made.
Held: The . .
Cited – Arbuthnott v Fagan CA 30-Jul-1993
The court considered the proper approach to construction of the terms in a contract. Sir Thomas Bingham MR said: ‘Courts will never construe words in a vacuum. To a greater or lesser extent, depending on the subject matter, they will wish to be . .
Lists of cited by and citing cases may be incomplete.
Construction, Contract
Updated: 13 June 2022; Ref: scu.201846