Inframatrix Investments Ltd. v Dean Construction Ltd.

Inframatrix Investments Ltd. v Dean Construction Ltd.

The claim is barred by clause 17.4 of the contract, as the limitation period expired one year after the last performance of services in February 2009; the meeting and subsequent offers were part of without prejudice negotiations and did not constitute performance of services under the contract; there was no waiver or estoppel preventing the defendant from relying on the limitation clause.

Parties
Claimant: Inframatrix Investments Limited; Defendant: Dean Construction Limited
Jurisdiction
England and Wales
Judgment Date
25 July 2011
Procedural Posture
Civil / Summary Judgment Application (strike Out)
Outcome
Claim struck out as barred by contractual limitation period.
Legal Topics
Limitation of Actions, Waiver, Estoppel, Interpretation of Contract Clauses, Negligence in Workmanship
Contract Law Construction Law Limitation of Actions Waiver Estoppel Interpretation of Contract Clauses Negligence in Workmanship

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Parties

Inframatrix Investments Limited

Claimant

Dean Construction Limited

Defendant

Procedural Posture

Civil / Summary Judgment Application (strike Out)

Legal Issues

  1. 1 Whether the claim is barred by the contractual limitation period under clause 17.4
  2. 2 Whether the limitation period started to run
  3. 3 Whether the defendant waived the right to rely on the limitation clause

Ratio Decidendi

The claim is barred by clause 17.4 of the contract, as the limitation period expired one year after the last performance of services in February 2009; the meeting and subsequent offers were part of without prejudice negotiations and did not constitute performance of services under the contract; there was no waiver or estoppel preventing the defendant from relying on the limitation clause.

Court Disposition

Claim struck out as barred by contractual limitation period.

Orders

  • Claim struck out.
  • No summary judgment granted on the Counterclaim.