Misrepresentation claims cannot be adjudicated
In the case of Hillcrest Homes Ltd v Beresford and Curbishley Ltd (Feb 2014), the Technology and Construction Court (TCC) decided that claims that had been advanced in negligent misstatement and misrepresentation could not be adjudicated.
Hillcrest was a property developer. It entered into a JCT Design and Build Contract 2005 (the ‘Building Contract’) with B&C, for the design and construction of a substantial residential property at Sleepy Hollow, Castle Hill, Prestbury.
The employer’s requirements provided that structural engineers — Howard Taylor Associates (HTA) (who had been appointed by Hillcrest prior to the Building Contract) — should be retained and appointed by B&C to continue and complete the design. The employer’s requirements further provided that HTA were to be novated to B&C upon execution of the Building Contract — and a draft novation agreement was incorporated…
Click on the link below to read the rest of the Wragge & Co briefing.
News from Wragge Lawrence Graham & Co
News from The Lawyer
Briefings from Wragge Lawrence Graham & Co
Do employers, especially those employing professionals and people in positions of trust, need to do more due diligence than they might have previously carried out?
Firms carrying on consumer-credit-related regulated activity need to ensure they are complying with the requirements set out in the Consumer Credit Sourcebook (CONC).