Birse Construction Ltd v McCormick (UK) Ltd (Record no. 76001)

MARC details
000 -LEADER
fixed length control field 02020cab a2200193 4500
001 - CONTROL NUMBER
control field ##L131254
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 051012n2004 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u131254
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Birse Construction Ltd v McCormick (UK) Ltd
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2004
520 ## - SUMMARY, ETC.
Summary, etc. [2004] EWHC 3053 9 December 2004. Considered whether a cause of action was statute-barred because it had arisen more than six years before proceedings were issued. B sought damages from M for additional site establishment costs incurred during work at M's premises under the terms of a building contract. These costs had comprised a number of separate events which had occurred in the year to November 1996. Two preliminary issues had to be decided, firstly the date of accrual of B's cause of action, and secondly, whether B had a separate cause of action against M's managing agents, F, due to F's alleged failure properly to assess, estimate or agree B's contractual claims. B argued that its cause of action in respect of the additional costs did not accrue until F had issued a notice of acceptance of the work. "Held": By the terms of the contract, B's cause of action accrued on each individual claim once the event triggering the claim had occurred, and F had rejected or promptly failed to respond to it. Therefore the causes of action, which had accrued in late 1996, were statute-barred. Secondly, even if B had a separate cause of action on the basis that F or M had failed to properly assess, estimate or agree B's entitlement, it would still have accrued at the same time as the date the claim was, or was deemed to be, rejected, and therefore was similarly statute-barred.
590 ## - LOCAL NOTE (RLIN)
Local note IKA251005
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element BIRSE CONSTRUCTION LTD V MCCORMICK (UK) LTD
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element MILESTONE PAYMENTS
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element BUILT ENVIRONMENT-CONSTRUCTION MANAGEMENT-BUILDING CONTRACT ADMINISTRATION
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWHC/TCC/2004/3053.html">https://www.bailii.org/ew/cases/EWHC/TCC/2004/3053.html</a>
Public note View the item free of charge at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     Virtual Virtual Online 12/10/2005   ONLINE PUBLICATION 131254-1001 06/08/2019 1 06/08/2019 Law report