In brief—limitation in relation to NHBC clause (Larkfleet v Allison Homes)

Table of contents

• Original news
• What was this case about?
• What did the court decide?
• What should construction lawyers take note of?

Article summary

Construction analysis: Mr Justice Fraser in the Technology and Construction Court (TCC) considered by way of preliminary issue when the cause of action accrued in relation to a clause in a contract based on the JCT Standard Form of Building Contract With Contractor’s Design 1998 Edition required a contractor to accept responsibility for a New Homes Building Council (NHBC) certificate given to residential purchasers. The court found that the cause of action accrued when the contractor refused to comply with its obligation to accept responsibility for the purchasers’ claims (or if the contractor did not respond, within a reasonable time of the employer’s request).