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Interim payment for damages ordered in defects case (Triuva v Galliford Try)

Interim payment for damages ordered in defects case (Triuva v Galliford Try)
Published on: 30 November 2017
Published by: LexisPSL
  • 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
  • More...

Article summary

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). or take a trial to read the full analysis.

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