000			01751cab a22002055a 4500
001			L137823
008			070502e20070126enk f v 000 0 eng d
035			_a(Sirsi) u137823
041	0		_aeng
245	0	0	_aShepherd Homes Ltd v Encia Remediation Ltd and Green Piling Ltd _h[electronic resource]
260			_c2007
520			_a[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			_aKA
650	2	4	_aSHEPHERD HOMES LTD V ENCIA REMEDIATION LTD AND ANOTHER
650	2	4	_aUNFAIR CONTRACT TERMS ACT 1977
651		4	_aEngland and Wales _y1543-
690			_aBUILT ENVIRONMENT-CONSTRUCTION MANAGEMENT-BUILDING CONTRACT ADMINISTRATION
856	4	0	_uhttps://www.bailii.org/ew/cases/EWHC/TCC/2007/70.html _zView judgment free of charge at www.bailii.org...
942			_n0
999			_c78721 _d78721