Source: All England Reporter
Publisher Citation: [2002] All ER (D) 86 (Feb)
Court: Technology and Construction Court
Judge:

Judge Anthony Thornton QC

Representation Michael Lerego QC and Nicholas Collings (instructed by Jarmans, Sittingbourne) for M.
  Michael Ter Haar QC (instructed by Lovells) for F.
Judgment Dates: 11 January 2002

Catchwords

Building contract - Term - Construction - Contract limiting rights and remedies to those specified therein - Earlier claim settled - Settlement only excluding cause of action 'that may in future accrue for any latent defect' - Whether statutory implied terms as to quality incorporated into contract - Whether causes of action barred by contract - Whether instant claims barred by settlement agreement.

The Case

On the true construction of an individual contract for building works, the first defendant's liability was limited to the warranty and guarantee given therein and that liability extended to a claim for damages for breach of the warranty. Further, construing the terms of a settlement agreement in earlier proceedings against the background of the above construction of the contract between the parties, the terms of the settlement agreement were not clear enough to extend that agreement to include the instant case as the claimants knew nothing of the defects in issue at the time of the settlement agreement.

Practice Areas

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