Case studies

Overcoming limitation problems in industrial building dispute

We acted for the owner of an industrial building in bringing claims under collateral warranties against the main contractor, structural engineer, ground compaction subcontractor and others for structural defects to the building which had been constructed on made up land with negligently designed foundations. We also pursued a claim under a latent defects policy which insurers had been resisting.

By the time the claims had been sent to us, there were only six months left to run of a twelve year limitation period. For that reason we issued protective proceedings in the Technology and Construction Court to stop time running. This had to be done in advance of the normal construction pre-action protocol. After particulars of claim had been served, we agreed with the other parties and obtained a stay of the proceedings to enable the protocol to be followed (within the period of the stay). We then worked with our client’s expert structural engineer to develop evidence as to the causes of the foundation defects and to provide the technical evidential content of detailed letters of claim which were sent to all defendants.

Subsequently we advised on the settlement of this action together with a parallel set of proceedings (involving the tenant of the building) and on the terms of a settlement agreement and Tomlin order.

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Penningtons Manches Cooper LLP

Penningtons Manches Cooper LLP is a limited liability partnership registered in England and Wales with registered number OC311575 and is authorised and regulated by the Solicitors Regulation Authority.

Penningtons Manches Cooper LLP