Shepherd Homes Ltd v Encia Remediation Ltd and Green Piling Ltd (Record no. 78721)

MARC details
000 -LEADER
fixed length control field 01751cab a22002055a 4500
001 - CONTROL NUMBER
control field L137823
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 070502e20070126enk f v 000 0 eng d
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u137823
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Shepherd Homes Ltd v Encia Remediation Ltd and Green Piling Ltd
Medium [electronic resource]
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2007
520 ## - SUMMARY, ETC.
Summary, etc. [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.
590 ## - LOCAL NOTE (RLIN)
Local note KA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element SHEPHERD HOMES LTD V ENCIA REMEDIATION LTD AND ANOTHER
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element UNFAIR CONTRACT TERMS ACT 1977
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England and Wales
Chronological subdivision 1543-
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/2007/70.html">https://www.bailii.org/ew/cases/EWHC/TCC/2007/70.html</a>
Public note View judgment 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 02/05/2007   ONLINE PUBLICATION 137823-2001 06/08/2019 1 06/08/2019 Law report