Cases - Anglian Water Services Ltd v Laing O’Rourke Utilities Ltd
Record details
- Name
- Anglian Water Services Ltd v Laing O’Rourke Utilities Ltd
- Date
- [2010]
- Citation
- EWHC 1529 (TCC)
- Legislation
- Keywords
- Loss and expense
- Summary
-
The relevant aspect of this case concerned the serving of a notice of dissatisfaction. The contract required that notices be served on the client’s last known place of business but Laing O'Rourke served the notice on the Project Manager who promptly passed it to the client. Indeed it was accepted by the judge that the client received the notice more promptly this way that if the notice has been served in the prescribed form.
Notwithstanding that the notice had been received by the client within the prescribed time limits the judge concluded that compliance with the mode of delivery specified was the only means of achieving or securing effective delivery of a communication under the contract because the communication only takes effect when it is received at the prescribed address.