Check your T&Cs

By LBV

23 Feb 2011

If you’re a building contractor or manufacturer, you’ll be interested to hear about a recent case in the Court of Appeal which has provided useful guidance on the extent of your liability for defective works.

Even if you’re not in the building trade, the case is equally applicable to manufacturers wanting to protect themselves against future claims for defective products.

In this case (Robinson –v– P E Jones (Contractors) Limited) a homeowner brought a claim against the contractor that had originally built the property, claiming the costs of remedying defective works carried out in 1992, but not discovered until 2004.

The homeowner could not pursue a claim under the original building contract because more than six years had passed since the works were completed. The homeowner therefore sought to pursue a claim under the common law of negligence.

The homeowner brought the negligence case on the basis that claims in negligence can be brought after more than six years, provided they are brought within 15 years of the work being carried out and within three years of the date the defects were, or ought to have been, discovered.

However, the building contractor had sought to exclude liability for negligence under the terms of the original building contract.

In finding for the building contractor, the Court of Appeal confirmed that unless the contractor expressly accepts a parallel liability in negligence, the liability will be limited to that assumed under the building contract, and the contractor will not be liable in negligence for defective works, other than where the negligence causes death or physical injury. The court also confirmed it is permissible for building contractors to expressly exclude liability in negligence within their terms and conditions.

This may sound complex, but the practical effect of this judgment is that, provided building contractors ensure their terms and conditions properly exclude liability in negligence, their potential exposure to claims for defective works will be limited to those arising under the building contract. Therefore they will only exist for a period of six years from the date the works were carried out.

Colin Fenny
Associate, Harrison Drury solicitors

 

Enjoyed this? Read more from LBV

Latest news

1

Council Committee approved the boundary for the first phase of Central Housing Regeneration Scheme The boundary image for the regeneration

Council Committee approved the boundary for the first phase of Central Housing Regeneration Scheme

13 Mar 2025

2

Leyland Trucks celebrates 10,000th DAF XB production milestone Leyland Trucks celebrates 10,000th DAF XB production milestone

Leyland Trucks celebrates 10,000th DAF XB production milestone

12 Mar 2025

3

Lisa Goodwin-Allen to leave Northcote after 23 years Lisa Goodwin Allen

Lisa Goodwin-Allen to leave Northcote after 23 years

12 Mar 2025

4

Iwan Jones appointed chief financial officer of NW Mutual Iwan Jones

Iwan Jones appointed chief financial officer of NW Mutual

11 Mar 2025

5

Butlers Farmhouse Cheeses get planning approval for state-of-the-art cheesemaking campus Butler Farmhouse Cheeses

Butlers Farmhouse Cheeses get planning approval for state-of-the-art cheesemaking campus

11 Mar 2025

Pc Prestonmacan Gif980x120 March
Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV121 March/April Launch Event
121 Lancashire Business View Magazine Launch
Networking
20 Mar 2025

LBV121 March/April Launch Event

The Whitakers Museum, Rossendale, BB4 6RE

08:30 - 10:30

Skills Bootcamp in Procurement - Cohort 3
Blue-Modern-Land-Travel-Youtube-Thumbnail-2-1024x576.png.png
LBV Hub Awards
14 Jan 2025 - 18 Mar 2025

Skills Bootcamp in Procurement - Cohort 3

Community & Business Partners CIC, Blackburn, BB2 3UA

09:30 - 13:00

CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

March Preston tech Connection: IWD Accelerate Action
PRESTON TECH CONNECTION jan.ai-5.png.png
LBV Hub Networking
13 Mar 2025 - 13 Mar 2025

March Preston tech Connection: IWD Accelerate Action

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:30

Red Rose Awards 2025
Red Rose Awards 2025
Awards
13 Mar 2025

Red Rose Awards 2025

Winter Gardens Blackpool

18:00 - 11:59

Live Work Create: Creative Placemaking.
LiveWorkCreate .png.png
LBV Hub Networking
18 Mar 2025 - 18 Mar 2025

Live Work Create: Creative Placemaking.

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 20:30

Seasons of Leadership - Spring
jeremy-thomas-FO7bKvgETgQ-unsplash.jpg.jpg
LBV Hub Webinar
18 Mar 2025 - 18 Mar 2025

Seasons of Leadership - Spring

Online, Trawden, BB8 8SW

19:00 - 21:00

The Business Network Central & East Lancashire
LBV Header (18).png.png
LBV Hub Networking
20 Mar 2025 - 20 Feb 2025

The Business Network Central & East Lancashire

Stanley House, Blackburn, BB2 7NP

11:30 - 14:15

The Marketing MeetUp Lancashire
TMM Lancs 30th Jan.jpg.jpg
LBV Hub Networking
25 Mar 2025 - 25 Mar 2025

The Marketing MeetUp Lancashire

The Chubby Duck, Rawtenstall, BB4 6AJ

18:00 - 20:00

Spring Statement 2025 LIVE: Insights with PM+M
Spring Statement 2025 LIVE for website.png.png
LBV Hub Seminars
26 Mar 2025 - 26 Mar 2025

Spring Statement 2025 LIVE: Insights with PM+M

Blackburn Rovers, Blackburn, BB2 4JF

12:00 - 15:00

Preston Freelancer Meet-Up: March
Freelancer Meet-Up March.png.png
LBV Hub Networking
27 Mar 2025 - 27 Mar 2025

Preston Freelancer Meet-Up: March

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 11:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV120 Online Graphic 1
Subscribe now

Weekly news bulletin