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Appeal costs covered by JCT contract’s indemnity clause (Rabilizirov v A2 Dominion London Ltd)

Appeal costs covered by JCT contract’s indemnity clause (Rabilizirov v A2 Dominion London Ltd)
Published on: 01 May 2019
Published by: LexisPSL
  • Appeal costs covered by JCT contract’s indemnity clause (Rabilizirov v A2 Dominion London Ltd)
  • What are the practical implications of the judgment?
  • What was the background?
  • What did the court decide?

Article summary

Dispute Resolution analysis: Rebecca Drake, barrister at 39 Essex Chambers, examines the High Court’s decision in Rabilizirov v A2 Dominion London Ltd that the indemnity clause in the JCT Standard Form of Building Contract 1998 edition, which provided that the contractor would indemnify the employer against ‘any expense, liability, loss, claim or proceedings’, covered the legal costs incurred by the employer in an appeal by the sub-contractor. The court concluded that the contractor was to pay the employer’s costs on an indemnity basis, the sub-contractor having agreed to indemnify the contractor. or take a trial to read the full analysis.

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