Shepherd Homes Ltd v Encia Remediation Ltd and Green Piling Ltd [electronic resource]
Shepherd Homes Ltd v Encia Remediation Ltd and Green Piling Ltd [electronic resource]
- 2007
[2007] EWHC 70 (TCC), 26 January 2007. Claimant company (S) employed defendant company (E) as a civil engineering contractor to develop a site for housing. E employed Green Piling (G) as a specialist sub-contractor. The preliminary issue was whether one of G's standard conditions (a capping clause) was incorporated into its contract with E (S's claim against E and G and the defendant's liability for defective work will decided in the main action). Two arguments arose in connection with the capping clause; whether G gave E sufficient notice of it and whether it was so onerous that it should have been drawn to E's attention. "Held": the capping clause had been incorporated into the contract; it was not found to be unusual as two other tendering contractors also had clauses limiting liability to contract prices and the clause had passed the test of reasonableness. In addition, the respective standard terms had been referred to by each party in its submissions which meant E was aware of them and bound by them.
SHEPHERD HOMES LTD V ENCIA REMEDIATION LTD AND ANOTHER
UNFAIR CONTRACT TERMS ACT 1977
England and Wales--1543-
[2007] EWHC 70 (TCC), 26 January 2007. Claimant company (S) employed defendant company (E) as a civil engineering contractor to develop a site for housing. E employed Green Piling (G) as a specialist sub-contractor. The preliminary issue was whether one of G's standard conditions (a capping clause) was incorporated into its contract with E (S's claim against E and G and the defendant's liability for defective work will decided in the main action). Two arguments arose in connection with the capping clause; whether G gave E sufficient notice of it and whether it was so onerous that it should have been drawn to E's attention. "Held": the capping clause had been incorporated into the contract; it was not found to be unusual as two other tendering contractors also had clauses limiting liability to contract prices and the clause had passed the test of reasonableness. In addition, the respective standard terms had been referred to by each party in its submissions which meant E was aware of them and bound by them.
SHEPHERD HOMES LTD V ENCIA REMEDIATION LTD AND ANOTHER
UNFAIR CONTRACT TERMS ACT 1977
England and Wales--1543-