- Claim under collateral warranty time-barred (Swansea Stadium v City and Council of Swansea)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Construction analysis: The Technology and Construction Court granted summary judgment and struck out part of a leaseholder’s defects claim brought against a contractor pursuant to a collateral warranty. Proceedings had been commenced more than 12 years after practical completion, meaning they were time-barred under the Limitation Act 1980. In reaching this conclusion, the court found that the collateral warranty, which was entered into after practical completion, had retrospective effect.
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