Shepherd Homes Ltd v Encia Remediation Ltd

Citation: BLR 135 and [2007] 110 Con LR 90 TCC

Nature of case:
In an offer/acceptance dispute concerning a piling sub-contract, it was held that the sub-contractors had successfully incorporated into the agreement a cap on liability based on the sub-contract price, although the cap did not invalidate an indemnity supported by PI for a much larger sum.  The cap provision was held to be fair and reasonable within the meaning of s.3 of the Unfair Contract Terms Act.

Also reported in: EWHC 70

Counsel

Adam Constable QC

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