Know your limits

A case heard in Newcastle at the end of July illustrates the importance of limitation clauses. In Inframatrix Investments Limited v Dean Construction Limited [2012] the employer, Inframatrix, issued a contract. The contract contained a 12 year limitation clause. Dean, the contractor, amended the limitation period to 12 months. The works did not go well and Inframatrix issued a claim for defective workmanship. Unfortunately the claim was issued after the 12 month period and Dean argued that the claim was brought out of time. Inframatrix tried to sidestep the limitation period but it failed to persuade the judge. He decided that the 12 month limitation clause was effective and he therefore struck out Inframatrix’s claim.

It is unusual to see such a short limitation period in construction contracts. However, if you are an employer and you stumble across one, you should ask for something sensible so that you have long enough to bring a claim.  If you are a contractor, you may want to keep quiet …

Our content explained

Every piece of content we create is correct on the date it’s published but please don’t rely on it as legal advice. If you’d like to speak to us about your own legal requirements, please contact one of our expert lawyers.

Posted by

Mills & Reeve Sites navigation
A tabbed collection of Mills & Reeve sites.
My Mills & Reeve navigation
Subscribe to, or manage your My Mills & Reeve account.
My M&R


Register for My M&R to stay up-to-date with legal news and events, create brochures and bookmark pages.

Existing clients

Log in to your client extranet for free matter information, know-how and documents.


Mills & Reeve system for employees.