Fraud: an exception to limitation periods
Authors
Citation
Asian Architect & Contractor, v.14, no.4, 1984, pp. 96-97
Abstract
An earlier issue of Asian Architect and Contractor contained an article dealing with the limitation period for negligence actions. The conclusion to this article (based on the decision of the House of Lords in the Pirelli-v-Oscar Faber case) was that a contractor can escape responsibility for negligence so long as it does not cause personal injury or the damage caused is not discovered within six years, irrespective of whether or not the owners could have detected the damage within this period.
However, the limitation period of six years applies only to cases involving negligence. The Limitation Acts of England and Australia both provide for the postponement of the time from which the limitation period begins, in certain instances. One of these instances is where there has been fraudulent concealment of the defective work or materials. Adrian bellemore looks into this 'possible pitall for the unwary contractor'.
Description
Subject
Type
Article
Format
Date
1984
Language
en