Source: All England Reporter
Publisher Citation: [2001] All ER (D) 359 (Feb)
Court: Technology and Construction Court
Judge:

Judge Richard Havery QC

Representation Marc Rowlands (instructed by Hammond Stoddards Edge, Birmingham) for S.
  Stephen Furst (instructed by Masons) for O.
Judgment Dates: 28 February 2001

Catchwords

Contract - Construction - Building works - Contract to supply and install fittings in modules - Modules to form living quarters for offshore oil rig - Whether modules forming part of land - Whether construction contract - Housing Grants Construction and Regeneration Act 1996, ss 104(6)(b), 105(1)(c).

The Case

Structures which were, or were to be, founded in the sea bed below low water mark were not structures forming, or to form, part of the land for the purposes of s105(1) of the Housing Grants Construction and Regeneration Act 1996. Furthermore, on its true construction the expression 'the land' in that section referred only to the land where the building or structure was situated when built.

Practice Areas

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