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You searched for value in use
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Defects liability and other contractual provisions
https://www.isurv.com/info/328/building_defects_case_law/2300/defects_liability_and_other_contractual_provisions/3...involved a contract in the RIBA standard...the nominated subcontractor. In turn, this required...of practical completion in the context of...Lord Justice Salmon in the Court of...and Viscount Dilhorne in the House of...the works and use them as intended. If completion in clause 21 meant...inappropriate Where diminution in value exceeds cost of...repair and diminution in value Betterment Mitigation The...
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Defects and limitation periods
https://www.isurv.com/info/328/building_defects_case_law/2305/defects_and_limitation_periods/6...to any person in respect of any...to any property in which he has...interest is attributable (in whole or in part); and (b...acquires an interest in that property after...has any interest in the property; a...cause of action in respect of that...acquires his interest in the property. (2...3 is that in circumstances where a...inappropriate Where diminution in value exceeds cost of...repair and diminution in value Betterment Mitigation The...
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Defects and limitation periods
https://www.isurv.com/info/328/building_defects_case_law/2305/defects_and_limitation_periods/4...Limitation in negligence actions | Defects...limitation periods Limitation in negligence actions Limitation...was subsequently built in 1969. It transpired...cracking (i.e. in 1983) with the...represented that the value of the property was in the region of...works manifested themselves in such a way that the value of the building...inappropriate Where diminution in value exceeds cost of...repair and diminution in value Betterment Mitigation The...
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Defects liability and other contractual provisions
https://www.isurv.com/info/328/building_defects_case_law/2300/defects_liability_and_other_contractual_provisions/8...which is not in accordance with the...which is not in accordance with the...Employer's rights in respect of a...access to and use of a part...correcting a Defect. In this case the...necessary access and use have been provided...is given access in order to correct...not given access in order to correct...agreed as completion. In relation to defects...inappropriate Where diminution in value exceeds cost of...repair and diminution in value Betterment Mitigation The...
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Claims for defective work in tort
https://www.isurv.com/info/328/building_defects_case_law/2302/claims_for_defective_work_in_tort/4...for defective work in tort | isurv Skip...for defective work in tort Claims for defective work in tort 'Special relationship...liability will ensue in circumstances where it...pure economic loss' in tort, as elucidated...foreseeably own or use it. In the present case...s concurrent duty in tort to use due care and...inappropriate Where diminution in value exceeds cost of...repair and diminution in value Betterment Mitigation The...
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Claims for defective work in tort
https://www.isurv.com/info/328/building_defects_case_law/2302/claims_for_defective_work_in_tort/5...for defective work in tort | isurv Skip...for defective work in tort Claims for defective work in tort The 'complex...that a defect in one part of...which manifests itself in a defect in another part of...pure economic loss in tort. D&F...of the structure in question could be...a hidden defect in another part may...inappropriate Where diminution in value exceeds cost of...repair and diminution in value Betterment Mitigation The...
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Defects liability and other contractual provisions
https://www.isurv.com/info/328/building_defects_case_law/2300/defects_liability_and_other_contractual_provisions/5...LJ's definition in the Court of Appeal in Jarvis. Essentially, outstanding...not affect the use of the works...be considered 'minor' in the context of...and practical completion in practice Next PageICE...meaning of 'defect' in legal cases 'Defects...for defective work in tort + Introduction Requirement...inappropriate Where diminution in value exceeds cost of...repair and diminution in value Betterment Mitigation The...
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Defects liability and other contractual provisions
https://www.isurv.com/info/328/building_defects_case_law/2300/defects_liability_and_other_contractual_provisions/6...to the decision in HWNevill v William...such a discretion in relation to de...or any Section in respect of which...completion is provided in the Appendix to...due to the use of materials or workmanship not in accordance with the...under the Contract. In any other event the value of such work...inappropriate Where diminution in value exceeds cost of...repair and diminution in value Betterment Mitigation The...
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Claims for defective work in tort
https://www.isurv.com/info/328/building_defects_case_law/2302/claims_for_defective_work_in_tort/3...for defective work in tort | isurv Skip...for defective work in tort Claims for defective work in tort Definition of...1 WLR 86 In legal terms, 'damage...alloy tubing for use in the furnaces within...causing such damage (in this case the use of unsuitable lining...additionally) a loss in the value of the property...inappropriate Where diminution in value exceeds cost of...repair and diminution in value Betterment Mitigation The...
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Defects liability and other contractual provisions
https://www.isurv.com/info/328/building_defects_case_law/2300/defects_liability_and_other_contractual_provisions/10...number of occasions in the courts is...employer's rights. In summary: The employer...contractor being notified in relation to the...a notified defect. In general terms: if...regarded as being in additionto the rights...contract and their value in their defective condition...than the diminution in value of the works...Diplock's words in P & M Kaye...inappropriate Where diminution in value exceeds cost of...repair and diminution in value Betterment Mitigation The...