Citation: [2016] EWHC 195 (TCC)
This was the hearing of a preliminary issue to determine whether claims brought by the Claimant were time-barred. The Defendant contended that the proper interpretation of clause 2.5.5 of the building contract precluded claims for defects from being brought against it after expiry of the ten year NHBC warranty period.
Fraser J. held that the clause did not simply provide for a ten year limitation period for claims arising under the building contract. The reference to ten years was to the period for which the NHBC cover applied, and the clause was a contractual assumption of responsibility by the Defendant for the Claimant’s responsibilities to the NHBC for claims made within that period. The breach of contract occurred when the Defendant refused to take responsibility under it, and the claim was therefore not time-barred.
A copy of the judgment can be found here.
Counsel: Simon Hargreaves QC appeared on behalf of the Claimant; James Thompson appeared on behalf of the Defendant.
