PERSIMMON HOMES LTD & OTHERS v OVE ARUP & PARTNERS LTD & ANOTHER

[2015] EWHC 3573 (TCC), Technology and Construction Court, Mr Justice Stuart-Smith, 7 December 2015

Principles applicable to the interpretation of construction contracts - Excluding liability for negligence - Importance of parties being able to look after their own interests

The claimant developers and the defendant were working on a very large development project in South Wales. After committing themselves to the project, the claimants discovered asbestos contamination on the site, of which they had previously been unaware. They brought a claim against the defendant, seeking damages for breach of contract and in negligence. The defendant denied liability.