Commercial Management (Investments) Ltd v (1) Mitchell Design & Construct Ltd (2) Regorco Ltd (Formerly Roger Bullivant Ltd)
Citation:  EWHC 76 (TCC);  All ER(D) 26 (Feb)
Nature of case:
This case concerned the hearing of a preliminary issue in tripartite proceedings whereby the groundworks subcontractor, Regorco, asserted that certain terms and conditions were included within a subcontract including, at clause 12(d), a clause requiring any claims to be brought within 28 days of the appearance of any defect, subject further to an overriding longstop of 1 year after practical completion of works. The other parties (a subsequent purchaser and the main contractor) contended that the relevant term was not incorporated, and if it was, fell foul of UCTA. The judgment contains useful guidance as to the application of UCTA to commercial contracts.