An expired limitation period can operate as a complete defence
to a claim, so missing a limitation deadline could be your worst
nightmare. The Court of Appeal case of Inframatrix Investments
Ltd v Dean Construction Limited [2012] EWCA Civ 64 serves as a
useful reminder of the importance of knowing your contract and when
your limitation period expires, but working out the latter is not
always straightforward.
Dean Construction Limited (DCL) was a specialist roofing and
cladding contractor engaged by Inframatrix Investments Limited
(IIL) to undertake works at a factory. The contract was originally
prepared by IIL's lawyers but the final executed version
reflected DCL's amendments to the proposed twelve year
contractual limitation period at clause 17.4 as follows:
"No action or proceedings under or in respect of this
Agreement shall be brought against the Contractor after (a) the
expiry of 1 year from the date of Practical Completion of the
Services or; (b) where such
