DEFECTIVE PREMISES ACT AND LIMITATION OF ACTIONS

Alderson v Beetham Organisation Ltd [2003] EWCA Civ 408; [2003] All ER (D) 24 (Apr)

In Alderson v Beetham Organisation Ltd [2003] EWCA Civ 408; [2003] All ER (D) 24 (Apr) the Court of Appeal held that the effect of s1(5) of the Defective Premises Act 1972 was to extend the limitation period in the case where a builder carries out ‘further work’ in order to remedy a defect in the original works. For this purpose, it does not matter that the ‘further work’ fails to rectify the defect in the original works. The vital issue would appear to be whether the ‘further work’ was carried out for the purpose of rectifying the original work carried out in breach of the statutory duty. On the facts of the case it was held that the further work was carried out for the purpose of rectifying the original defect and, although it failed to do so, it nevertheless had the effect of giving to the claimants an additional period of time in which to bring their claim.