Legal News

Employer breached requirement to use due diligence to obtain consents (Walter Lilly v Clin)

Published on: 14 May 2019
Published by: LexisPSL
  • Employer breached requirement to use due diligence to obtain consents (Walter Lilly v Clin)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Requirement for CAC
  • Was the implied term breached?
  • Relief granted to Walter Lilly
  • Case details

Article summary

Construction analysis: The Technology and Construction Court (TCC) held that an employer had breached an implied term to use due diligence to obtain necessary planning permissions and consents for certain demolition works (this term having been formulated by the Court of Appeal in an earlier decision in this case). This failure meant that the contractor was entitled to an extension of time and corresponding loss and expense for the delay to the project while the requisite consent was sought. or take a trial to read the full analysis.

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