Safeway Stores v Interserve

Citation: All ER (D) 07 TCC

Nature of case:
A design and build supermarket project for Safeways included a waterproofing sub-contract for Interserve.  Under their warranty, they were not to have any greater liability to the contractor than the contractor would have to the client.  The court (Ramsey J’s first reported TCC decision) held that this would prevent the client claiming for defective work under the warranty:  the defendant’s liability to the contractor restricted the defendant’s liability to the client and its liability to the contractor was limited by rights of equitable set-off.

 

Counsel

Philip Boulding QC
David Thomas QC

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