ARTICLE · 29 OCTOBER 2015

Know Your Limits!

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The Supreme Court decision in Aspect Contracts (Asbestos) Ltd v Higgins Construction plc [2015] UKSC 38 has opened the possibility that a party to a construction contract may commence legal proceedings...

United KingdomReal Estate and Construction

Edward Phillips

The Supreme Court decision in Aspect Contracts (Asbestos) Ltd v Higgins Construction plc [2015] UKSC 38 has opened the possibility that a party to a construction contract may commence legal proceedings relating to an adjudicator's decision after the usual limitation period for a breach of contract or any tortious claim has expired.

The facts and key dates

Aspect were engaged by Higgins to carry out an asbestos survey and report on blocks of maisonettes which Higgins was hoping to redevelop. The survey was conducted in March 2004 and was dated 27 April 2004. During the redevelopment in early 2005 Higgins claims to have found and had to have removed asbestos that had not been identified in Aspect's report.

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