Pearce & High Ltd v Baxter & Anor [1999] EWCA Civ 789 (15 February 1999)

Pearce & High Ltd v Baxter & Anor [1999] EWCA Civ 789 (15 February 1999)

Clause 2.5 of the JCT Minor Works contract does not bar the employer from recovering damages for defects that became apparent during the defects liability period, even if notice was not given within that period; however, the employer's damages are limited to the cost the contractor would have incurred to remedy the...

Source-derived case information.

Citation
[1999] EWCA Civ 789
Parties
Respondent: Pearce & High Limited; Appellant: John P Baxter; Appellant: Mrs AS Baxter
Jurisdiction
England and Wales
Judgment Date
15 February 1999
Procedural Posture
Appeal / Appeal From Swindon County Court, Judgment on Preliminary Issues
Outcome
Appeal allowed
Legal Topics
Defects Liability Period, Notice of Defects, Damages for Defective Works, Interpretation of JCT Contract Clauses
Construction Law Contract Law Defects Liability Period Notice of Defects Damages for Defective Works Interpretation of JCT Contract Clauses

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Parties

Pearce & High Limited

Respondent

John P Baxter

Appellant

Mrs AS Baxter

Appellant

Procedural Posture

Appeal / Appeal From Swindon County Court, Judgment on Preliminary Issues

Legal Issues

  1. 1 Whether failure to notify defects within the defects liability period bars the employer from recovering damages for those defects
  2. 2 Interpretation of clause 2.5 of the JCT Minor Works contract regarding notice and remedy of defects

Ratio Decidendi

Clause 2.5 of the JCT Minor Works contract does not bar the employer from recovering damages for defects that became apparent during the defects liability period, even if notice was not given within that period; however, the employer's damages are limited to the cost the contractor would have incurred to remedy the defects, reflecting the employer's duty to mitigate loss.

Court Disposition

Appeal allowed

Orders

  • Second issue (b) answered in the affirmative: employer is not barred from recovering damages for defects not notified within the defects liability period.
  • Fourth issue (d) answered 'No': summary judgment for the contractor is not appropriate.