Commercial Management (Investments) Ltd v Mitchell Design and Construct Ltd and another

Building contract – Terms. The Technology and Construction Court determined preliminary issues which arose in the court of a claim brought by the claimant company in respect of building work carried out at a warehouse in Kent. The issues included, among other things, whether a clause concerning limitation and notice of complaint, had been incorporated into a sub-contract between the first defendant contractor and second defendant sub-contractor and, if so incorporated, whether it was subject to the provisions of the Unfair Contract Terms Act 1977.

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