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Building contract – Sub-contractors. The Technology and Construction Court considered two preliminary issues relating to a dispute as to the construction of a warehouse. The court held that the defendant company's causes of action in tort against two sub-contractors were time-barred by virtue of s 2 of the Limitation Act 1980, and that an attempt to assign the benefit of a warranty from one of the sub-contractors (Jubb) to the claimant company, without seeking Jubb's consent, did not give rise to a trust of the benefit of that warranty in favour of the claimant.
Building contract – Sub-contractors. The Technology and Construction Court considered two preliminary issues relating to a dispute as to the construction of a warehouse. The court held that the defendant company's causes of action in tort against two sub-contractors were time-barred by virtue of s 2 of the Limitation Act 1980, and that an attempt to assign the benefit of a warranty from one of the sub-contractors (Jubb) to the claimant company, without seeking Jubb's consent, did not give rise to a trust of the benefit of that warranty in favour of the claimant.
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