||All England Reporter
|| All ER (D) 24 (Jul)
|| EWCA Civ 814
||Court of Appeal, Civil Division
Sir Andrew Morritt V-C, Dyson and Thomas LJJ
||Stephen Furst QC and Tim Lord (instructed by Davies Arnold Cooper) for the appellant.
||Roger ter Haar QC and Alastair Walton (instructed by Lovells) for the respondent.
||16 June 2005
Building contract - Subcontractors - Interim certificate - Accrual of cause of action - Whether claim to have sum included in final certificate in respect of work or events for which sum should have been included in interim certificate fresh cause of action.
The cause of action in respect of an engineer's failure to include a sum in an interim certificate was not the same as the cause of action in respect of the failure to include a sum in the final certificate, even if the two sums happened to be the same.
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