Cometson and another v Merthyr Tydfil County Borough Council

Building contract – Contractor. The claimants were the owners of a property. The defendant local authority carried out work to the property, which the the claimants contended was substandard. The claimants brought proceedings against the authority, which sought an indemnity from the builders who had carried out the works under CPR pt 20. The Chancery Division held that the majority of the works identified by the claimants needed to be rectified, and that all but one of those defects could be claimed by the authority against the builders. However, the question of the builders' retention of money owed to the authority would be considered at a later hearing.

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