Mul v Hutton Construction Ltd

Building contract – Construction of building contract. The claimant brought proceedings against the defendant contractor for damages for defects and alleged overpayment in respect of work carried out on her country house. In the course of proceedings, the Technology and Construction Court gave a preliminary ruling on the true construction of a clause in a building contract, which provided for any defects to be rectified in a stated rectification period. The court held that an 'appropriate deduction' meant a deduction which was reasonable in all the circumstances and could be calculated by reference to one or more factors.

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