- Interim payment for damages ordered in defects case (Triuva v Galliford Try)
- Original news
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Triuva would obtain judgment in its favour on liability
- Substantiality of potential damages
- Exercise of discretion
- Amount of interim payment
- GTC’s claim against Alumet
- Case details
Construction analysis: The court granted an application for an interim payment against a defendant contractor on account of damages that it may be held liable to pay after the substantive trial, and for a corresponding order to be made against the third party sub-contractor. This was notwithstanding that the dispute was a complex defects case requiring expert evidence on both liability and quantum, and even though the defendant had disputed quantum because of alleged betterment and a lack of mitigation (due to issues with the extent and cost of the remedial works).
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