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ARTICLE · 05 JULY 2021

Fully Cladding Your Particulars Of Claim Is Key

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Martlett issued proceedings on 11 December 2019 and served them on 09 April 2020, the very last possible day for service.

United KingdomReal Estate and Construction
Ben Hardiman
Ben Hardiman
Dan Korcz
Dan Korcz

Beware the pitfalls of bringing a claim at the last possible opportunity, and the prohibition against pleading new causes of action in the Reply to Defence ... Martlett Homes Limited v. Mulalley & Co. Limited [2021] EWHC 296 (TCC).

Background

The Claimant (Martlett) owns five high rise tower blocks in Hampshire (the "Properties"). On 20 January 2005, the previous owners of the Properties contracted with the Defendant (Mulalley) to undertake various refurbishment works. Those works included the design and installation of external cladding and which were carried out between 05 December 2006 and 07 April 2008 (the "Works").

The Claim

Martlett issued proceedings on 11 December 2019 and served them on 09 April 2020, the very last possible day for service. The allegations against the Mulalley concerned various defects in the Works including (i) defects in the fire barriers in the Properties' cladding (ii) a failure to fix properly the combustible expanded

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