||All England Reporter
|| All ER (D) 86 (Feb)
||Technology and Construction Court
Judge Anthony Thornton QC
||Michael Lerego QC and Nicholas Collings (instructed by Jarmans, Sittingbourne) for M.
||Michael Ter Haar QC (instructed by Lovells) for F.
||11 January 2002
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.
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.
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary