The owner or tenant of a new commercial building1 will only be in a position to recover the cost of remedying defects to the building from the contractor or professional team (for example, the architect or engineer) if he has a contractual relationship with that contractor or professional team2. In order for a subsequent owner to be able to sue the contractor or other professional for the cost of remedial works to the building, he needs to establish an enforceable contractual relationship with the contractor or professional who is to be sued3. This can be achieved either by creating
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