Q&As

What is the limitation period (for a defects claim) where the framework agreement is a deed but the call-off contract is a simple contract?

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Published on LexisPSL on 09/03/2018

The following Construction Q&A provides comprehensive and up to date legal information covering:

  • What is the limitation period (for a defects claim) where the framework agreement is a deed but the call-off contract is a simple contract?

A framework agreement allows a single tender process to be carried out in respect of a number of construction projects or tasks, therefore reducing the time, costs and administration involved in contract procurement, drafting and negotiation. See Framework agreements for construction lawyers—overview.

Where a framework agreement has been executed as a deed and the call-off contract as a simple contract, the limitation period for a breach of contract will depend on whether the alleged breach is:

  1. of a term(s) of the framework agreement, or

  2. of a term(s) of the call-off contract

In this regard, it is necessary to consider the terms of the framework agreement and call-off contract, as well as the nature of the particular breach. For example, is the call

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