Q&As

What is the limitation period for a compensation claim under section 82 of the New Roads and Streetworks Act, and specifically when does time start to run? Is it, for example, the date that the apparatus was damaged, or the date of discovery of the damage?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 06/07/2018

The following Dispute Resolution Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • What is the limitation period for a compensation claim under section 82 of the New Roads and Streetworks Act, and specifically when does time start to run? Is it, for example, the date that the apparatus was damaged, or the date of discovery of the damage?
  • New Roads and Street Works Act 1991 (NRSWA 1991)
  • Limitation period for compensation claims under section 82 of the NRSWA 1991
  • Latent damage and negligence claims

What is the limitation period for a compensation claim under section 82 of the New Roads and Streetworks Act, and specifically when does time start to run? Is it, for example, the date that the apparatus was damaged, or the date of discovery of the damage?

New Roads and Street Works Act 1991 (NRSWA 1991)

The New Roads and Street Works Act 1991 (NRSWA 1991) is an amending Act which concerns the law relating to roads, and specifically to enable roads to be provided by new means, as well as making provision with respect to street works.

Amongst other things, the NRSWA 1991 makes provision in respect of works executed in a street in pursuance of a statutory right or a street works licence involving the placing of apparatus or the inspection, maintenance, adjustment, repair, alteration or renewing of apparatus, or moving or removing apparatus, as well as works required for or incidental to it. The person by whom the right or licence is exercisable by in respect of such street works is referred to as the undertaker.

NRSWA 1991, s 82 makes provision for the liability of the undertaker for damage or loss caused. By NRSWA 1991, s 82(1), an undertaker is required to compensate the street authority or other relevant authority in respect of any damage or loss suffered by it, as well as any other

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