Citation: [2022] EWHC 1881 (TCC)
The Claimant National House Building Council (NHBC) brought a claim against the Defendant to recover payments made to the owner of a property under section 2 of the Buildmark Cover scheme. The Defendant had undertaken allegedly defective basement extension works, resulting in a claim against the NHBC policy. Section 2 provides that NHBC may pay out sums relating to defective building works to the property owner, and then recover these sums from the responsible contractor. In the instant case, NHBC sought to strike out parts of the defence. O’Farrell J refused to do so, save for very limited grounds. The Court also adopted a permissive approach towards matters relevant to the ‘reasonableness’ of the sum paid out under section 2 of the Buildmark Cover.
Abdul Jinadu acted for the First Defendant (instructed by Hickman Construction Law).
Full judgment available at: https://www.bailii.org/ew/cases/EWHC/TCC/2022/1881.html
