Zurich Insurance Co v Gearcross Ltd

Citation: EWHC 318 (TCC)

Nature of case:
This case concerns the requirements necessary for the defendant developer to be liable to the claimant, who operated a building guarantee scheme in respect of the cost of remedial works carried out to defective work in a house built by the defendant.  The remedial work was carried out by another contractor. The requirements were: that the defendant’s work was defective, that a notice had been served by the claimant, that the defendant had not carried out remedial work timeously, that this had resulted in instruction of another contractor and that the sum claimed was caused by this.  The claimant got summary judgment for £36,000 invoiced but the defendant got leave to defend the balance of the claim for further remedial works.

Also reported in:
[2007] All ER (D) 216 TCC
112 Con LR 82 TCC


William Webb

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