Interserve Construction Ltd v Hitachi Zosen Inova AG

Building contract – Construction of building contract. On the true construction of a construction contract entered into by the parties, the claimant sub-contractor was entitled to a declaration that it had been a condition precedent to the defendant contractor having the right to terminate to the contract that the defendant, first, issue a notice under the contract, and allow the claimant a seven-day period in which to commence and diligently pursue the rectification of the default that had been the subject of the notice. The Technology and Construction Court so held in allowing the claimant's claim in respect of a construction dispute.

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