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Building contract – Construction. The Technology and Construction Court made three preliminary rulings concerning limitation in a case involving defects in the construction of residential properties. It ruled on the time when the cause of action had accrued and held that, on the true construction of clause 2.5.5 of the relevant building contract, there was one single cause of action. The clause did not operate to preclude claims for defects, whether in contract or in tort, from being brought against the defendant after expiry of the relevant warranty period.
Building contract – Construction. The Technology and Construction Court made three preliminary rulings concerning limitation in a case involving defects in the construction of residential properties. It ruled on the time when the cause of action had accrued and held that, on the true construction of clause 2.5.5 of the relevant building contract, there was one single cause of action. The clause did not operate to preclude claims for defects, whether in contract or in tort, from being brought against the defendant after expiry of the relevant warranty period.
The Bar Council is ready to support a turn to the efficiencies that will make a difference
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