London Borough Of Barking & Dagenham v Terrapin Construction Ltd [2000] EWCA Civ 247 (31 July 2000)

London Borough Of Barking & Dagenham v Terrapin Construction Ltd [2000] EWCA Civ 247 (31 July 2000)

Clause 30.8.1 of the JCT 1981 Conditions provides a conclusive evidence defence to all claims except those based on design defects; it applies to claims based on statutory requirements and latent defects, but not to design obligations, as the omission of 'design' from the clause was deliberate and reflects the parties' intention.

Citation
[2000] EWCA Civ 247
Parties
Employer (respondent/cross Appellant): Sidney Russell Comprehensive School (Local Authority); Contractor (appellant): Contractor (Appellant)
Jurisdiction
England and Wales
Judgment Date
31 July 2000
Procedural Posture
Civil Appeal and Cross Appeal / Appeal From Trial of Preliminary Issue
Outcome
Appeal allowed in part; cross-appeal allowed in part.
Legal Topics
Conclusive Evidence Clauses, Design and Build Contracts, Latent Defects, Statutory Requirements, Interpretation of Standard Form Contracts
Construction Law Contract Law Conclusive Evidence Clauses Design and Build Contracts Latent Defects Statutory Requirements Interpretation of Standard Form Contracts

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Parties

Sidney Russell Comprehensive School (Local Authority)

Employer (respondent/cross Appellant)

Contractor (Appellant)

Contractor (appellant)

Procedural Posture

Civil Appeal and Cross Appeal / Appeal From Trial of Preliminary Issue

Legal Issues

  1. 1 Whether clause 30.8.1 of the JCT 1981 Conditions provides a conclusive evidence defence to all claims, including those based on statutory requirements and design defects.
  2. 2 Whether the conclusive evidence clause applies to latent defects.
  3. 3 Whether the conclusive evidence clause applies to design defects.

Ratio Decidendi

Clause 30.8.1 of the JCT 1981 Conditions provides a conclusive evidence defence to all claims except those based on design defects; it applies to claims based on statutory requirements and latent defects, but not to design obligations, as the omission of 'design' from the clause was deliberate and reflects the parties' intention.

Court Disposition

Appeal allowed in part; cross-appeal allowed in part.

Orders

  • Declaration amended: claims based on design defects are not subject to conclusive evidence defence; all other claims, including those based on statutory requirements and latent defects, are subject to the defence.
  • No order as to costs of the appeal; costs arising out of preliminary issues reserved to trial judge.