Closely allied to the issue of liability for post-completion defects in constructed work (whether caused by poor workmanship or defective design), is the English law of limitation of actions. The limitation defence arises in construction contracts in a number of respects.

In contract, when, for example, is a contractor’s claim for additional payments statute-barred? When is a claim for damages to remedy defective workmanship and design similarly barred?

A number of recent cases have it seems, on the surface, led to a clarification of the position. Has this resulted in the defence of limitation being clearer now to both parties in a dispute?

The object of this paper is to examine the law as it stands now, and review similar decisions in earlier construction cases.

It will then draw conclusions on whether the law has been clarified by these decisions or whether the law on limitations of actions have been further confused and rendered unclear.