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Measuring up

By: Language: English Series: New Law Journal ; 156(7243)Publication details: 2006Subject(s): Summary: Discusses the inclusion of measuring clauses in property agreements, with particular reference to "Kilmartin SCI (Hulton House) Ltd v Safeway Stores" ([2006] EWHC 60 (Ch), L133093) and the RICS "Code of measuring practice". Several lessons can be learnt from "Kilmartin" which include: informing your lawyer of exactly what was taken into account when the area was agreed and whether it was agreed with reference to the RICS code; including a mechanism to vary the agreed minimum net internal area if changes in the design are agreed after exchange; and allowing flexibility in the contract to prevent the landlord and tenant relationship breaking down.

Discusses the inclusion of measuring clauses in property agreements, with particular reference to "Kilmartin SCI (Hulton House) Ltd v Safeway Stores" ([2006] EWHC 60 (Ch), L133093) and the RICS "Code of measuring practice". Several lessons can be learnt from "Kilmartin" which include: informing your lawyer of exactly what was taken into account when the area was agreed and whether it was agreed with reference to the RICS code; including a mechanism to vary the agreed minimum net internal area if changes in the design are agreed after exchange; and allowing flexibility in the contract to prevent the landlord and tenant relationship breaking down.