Another nail in the coffin of the Unfair Contract Terms Act
Powell-Smith, V.
Another nail in the coffin of the Unfair Contract Terms Act - 1992 - Contract Journal 363(5872) 7 May 1992, 10(1) .
The case "Barnard Pipelines Technology Ltd v Marston Construction Co Ltd" (1992 CILL 73) has shown again the difficulty of striking down a clause as unreasonable in a construction dispute. After defects had appeared in piping supplied by B, M withheld payment in part, counterclaiming £45,000 for damages in response to an action by P to secure its money. M`s assertion that the conditions of sale were onerous, and, therefore, both unacceptable and unaccepted, was dismissed by the court, the conditions being held to be reasonable.
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
CLAIMS
EXCLUSION CLAUSES
UNFAIR CONTRACT TERMS ACT 1977
Another nail in the coffin of the Unfair Contract Terms Act - 1992 - Contract Journal 363(5872) 7 May 1992, 10(1) .
The case "Barnard Pipelines Technology Ltd v Marston Construction Co Ltd" (1992 CILL 73) has shown again the difficulty of striking down a clause as unreasonable in a construction dispute. After defects had appeared in piping supplied by B, M withheld payment in part, counterclaiming £45,000 for damages in response to an action by P to secure its money. M`s assertion that the conditions of sale were onerous, and, therefore, both unacceptable and unaccepted, was dismissed by the court, the conditions being held to be reasonable.
BUILT ENVIRONMENT-BUILDING CONTRACT FORMS
CLAIMS
EXCLUSION CLAUSES
UNFAIR CONTRACT TERMS ACT 1977