- Court of Appeal considers limitation and exclusion clause (Persimmon Homes v Arup)
- Original news
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Construction analysis: The Court of Appeal dismissed an appeal against a decision of the Technology and Construction Court (TCC), holding that a clause was wide enough to limit a consultant’s liability for claims relating to pollution and contamination, and to exclude its liability for claims relating to asbestos. It was not merely limited to the consultant’s liability for causing the presence of pollution/contamination or asbestos. The court also held that the exclusion applied even if the consultant had been negligent.
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