Exclusion and limitation clauses: latest developments
Long, P.
Exclusion and limitation clauses: latest developments - 2003 - Construction Law Bulletin March 2003, 5-7(3) .
Looks at points of exclusion and limitation clauses applicable to construction contracts, which were highlighted by "SAM Business Systems Limited v Hedley and Company" (TCC [2002] All ER (D) 311 Dec), a dispute which arose between a software supplier and its dissatisfied customer. Judge held that "SAM "could not claim sums for work done in order to remedy its own breaches of agreement and also failed "Hedley " counterclaim that their only remedy lay in rejecting the software under the acceptance procedures. Construction contracts are not usually concluded on the standard terms of business of one party, but they may contain exclusion clauses, especially relating to the supply and installation of plant. View judgment at www.bailii.org.
EXCLUSION CLAUSES
SAM BUSINESS SYSTEMS LTD V HEDLEY AND COMPANY
LIMITATION CLAUSES
Exclusion and limitation clauses: latest developments - 2003 - Construction Law Bulletin March 2003, 5-7(3) .
Looks at points of exclusion and limitation clauses applicable to construction contracts, which were highlighted by "SAM Business Systems Limited v Hedley and Company" (TCC [2002] All ER (D) 311 Dec), a dispute which arose between a software supplier and its dissatisfied customer. Judge held that "SAM "could not claim sums for work done in order to remedy its own breaches of agreement and also failed "Hedley " counterclaim that their only remedy lay in rejecting the software under the acceptance procedures. Construction contracts are not usually concluded on the standard terms of business of one party, but they may contain exclusion clauses, especially relating to the supply and installation of plant. View judgment at www.bailii.org.
EXCLUSION CLAUSES
SAM BUSINESS SYSTEMS LTD V HEDLEY AND COMPANY
LIMITATION CLAUSES