Cases - London Borough of Lewisham v MR Limited

Record details

Name
London Borough of Lewisham v MR Limited
Date
[2003]
Citation
EWHC 2114 (TCC)
Legislation
Keywords
Contract administration
Summary

The claimant entered into a contract with a construction company for building works to two residential tower blocks. Part of the works included overcladding (manufactured by the defendant), such works being commenced in January 1996 and completed by October 1996. The defendant (who had no contractual relationship with the claimant) inspected the overcladding works in August and September 1996.

Practical completion was retrospectively certified as having occurred on 8 November 1996. On 12 May 2003, the claimant brought proceedings against the defendant, claiming the costs of remedial works to rectify defects which had manifested themselves in the overcladding.

HHJ Bowsher QC held that the cause of action against the defendant manufacturer accrued from when he failed to properly supervise the subcontractor during inspections. Unlike the contract administrator, the defendant manufacturer's duties did not continue until practical completion of the works.