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Reasonableness of settlements revisited

By: Language: English Series: Construction Law Journal ; 21(3) 2005, 216-221(6)Publication details: 2005Subject(s): Summary: Discusses, with reference to the two linked cases of "Bovis Lend Lease Ltd v RD Fire Protection Ltd and Huthco Ltd and another v Bovis Lend Lease Ltd" ([2003] EWHC 939 (TCC), unreported) the problems that can occur when several parties in construction projects find themselves subject to a claim. In this complex situation it is often not possible to resolve all disputes with all parties simultaneously. The parties may reach a wrap up deal without necessarily referring to the precise allocation within a settlement.

Discusses, with reference to the two linked cases of "Bovis Lend Lease Ltd v RD Fire Protection Ltd and Huthco Ltd and another v Bovis Lend Lease Ltd" ([2003] EWHC 939 (TCC), unreported) the problems that can occur when several parties in construction projects find themselves subject to a claim. In this complex situation it is often not possible to resolve all disputes with all parties simultaneously. The parties may reach a wrap up deal without necessarily referring to the precise allocation within a settlement.