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…

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