Birse Construction Ltd v McCormick (UK) Ltd

Citation: 99 Con LR 181 TCC

Nature of case:
This considers the effect of the limitation period on contractual machinery for claims relating to variations.  The claimant had made claims in November 1996, all but one of which was settled.  The claimant re-submitted it in April 1997 and it was determined in August 1997.  The commencement of proceedings in May 2003 was held to be time-barred, since the cause of action accrued when the claim was first rejected or not accepted.  See now appeal decision below.

See also the Court of Appeal decision: Birse Construction Ltd v McCormick (UK) Ltd [2005] All ER (D) 366 & [2005] All ER (D) 366 CA

Counsel

Stephen Furst QC
Alexander Nissen QC

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