Check your T&Cs

By LBV

23 Feb 2011

If you’re a building contractor or manufacturer, you’ll be interested to hear about a recent case in the Court of Appeal which has provided useful guidance on the extent of your liability for defective works.

Even if you’re not in the building trade, the case is equally applicable to manufacturers wanting to protect themselves against future claims for defective products.

In this case (Robinson –v– P E Jones (Contractors) Limited) a homeowner brought a claim against the contractor that had originally built the property, claiming the costs of remedying defective works carried out in 1992, but not discovered until 2004.

The homeowner could not pursue a claim under the original building contract because more than six years had passed since the works were completed. The homeowner therefore sought to pursue a claim under the common law of negligence.

The homeowner brought the negligence case on the basis that claims in negligence can be brought after more than six years, provided they are brought within 15 years of the work being carried out and within three years of the date the defects were, or ought to have been, discovered.

However, the building contractor had sought to exclude liability for negligence under the terms of the original building contract.

In finding for the building contractor, the Court of Appeal confirmed that unless the contractor expressly accepts a parallel liability in negligence, the liability will be limited to that assumed under the building contract, and the contractor will not be liable in negligence for defective works, other than where the negligence causes death or physical injury. The court also confirmed it is permissible for building contractors to expressly exclude liability in negligence within their terms and conditions.

This may sound complex, but the practical effect of this judgment is that, provided building contractors ensure their terms and conditions properly exclude liability in negligence, their potential exposure to claims for defective works will be limited to those arising under the building contract. Therefore they will only exist for a period of six years from the date the works were carried out.

Colin Fenny
Associate, Harrison Drury solicitors

 

Enjoyed this? Read more from LBV

Latest news

1

Red Rose Awards winners gather to celebrate Lancashire business Red Rose Awards Winners Reception

Red Rose Awards winners gather to celebrate Lancashire business

21 May 2026

2

Funding boost set to strengthen construction training pipeline isa O’Loughlin, principal and chief executive of East Lancashire Learning Group

Funding boost set to strengthen construction training pipeline

21 May 2026

3

Victorian Plumbing feeling flush after announcing record performance Victorian Plumbing staff

Victorian Plumbing feeling flush after announcing record performance

19 May 2026

4

GCAP ‘set for £6bn funding boost’ Tempest new

GCAP ‘set for £6bn funding boost’

19 May 2026

5

Anti-drone weapon tested in Lancashire is deployed on Middle East Operations BAE Systems tests

Anti-drone weapon tested in Lancashire is deployed on Middle East Operations

19 May 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
Funding Summit
Funding Logo Canva Mid
Summit
17 Jun 2026

Funding Summit

Village Hotel Blackpool

08:30 - 11:00

LBV129 July/August Magazine Networking Event
Nov/Dec Networking Event
Networking
16 Jul 2026

LBV129 July/August Magazine Networking Event

Brysdales, Britannia Buildings Drumhead Road, Chorley, PR6 7BX

16:00 - 18:00

LBV130 September/October Magazine Networking Event
Jan/Feb Networking Event - Entrance
Networking
17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2Q

08:30 - 10:30

LBV131 November/December Magazine Networking Event
Jan/ Feb Networking Event - Talking
Networking
19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

Research and Knowledge Exchange Festival 2026
Spark 2026 newsletter v3-5 (1).png.png
LBV Hub Seminars
18 May 2026 - 22 May 2026

Research and Knowledge Exchange Festival 2026

University of Lancashire, Preston, PR1 2HE

10:00 - 20:00

Stop Underselling, price for profit, not just survival
Logo.jpg.jpg
LBV Hub Seminars
21 May 2026

Stop Underselling, price for profit, not just survival

Lancaster & Morecambe College, Lancaster, LA1 2TZ

08:00 - 10:00

Preston Freelancer Meet-Up: May
LBV Hub Networking
21 May 2026

Preston Freelancer Meet-Up: May

Society1, Coworking Space, Preston, PR13LT

10:00 - 12:00

Why digital accessibility is crucial for your business
EXP-Webinar-LBV-Hub.png.png
LBV Hub Webinar
21 May 2026

Why digital accessibility is crucial for your business

Online, Microsoft Teams, Webinar

12:30 - 13:00

Chamber Breakfast Networking – June
LBV Hub Networking
03 Jun 2026

Chamber Breakfast Networking – June

Pye Motors, Morecambe, LA3 3PE

08:00 - 10:00

Building a high-performance culture
business workshop.png.png
LBV Hub Seminars
03 Jun 2026

Building a high-performance culture

Media Factory, University of Lancashire, Preston, PR1 2HE

09:30 - 11:30

Society1 Breakfast Social and Coworking Day
Breakfast Social June Facebook.png.png
LBV Hub Networking
04 Jun 2026

Society1 Breakfast Social and Coworking Day

Society1 Coworking Space, Preston, PR1 3LT

09:00 - 17:00

Yellow Day 2026
LBV Hub Fundraisers
07 Jun 2026

Yellow Day 2026

St Catherine's Hospice, Preston, pr55xu

11:00 - 16:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV124 Online Graphic
Subscribe now

Weekly news bulletin