Shepherd Homes Ltd v Encia Remediation Ltd
[2007]
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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