Brit Inns Ltd (in liquidation) and others v BDW Trading Ltd and another company; Barber and others v BDW Trading Ltd and another company [2012] EWHC 2143 (TCC); [2012] All ER (D) 34 (Aug)
It was settled law that, if remedial works had been carried out, that would not in principle affect the assessment of a material damages claim although, where the works had been completed by the time of the trial, the actual costs would almost always be the starting point of any assessment of the reasonable costs of reinstatement. Further, where the scope of the works and their costs had been the subject of scrutiny by a third party with a clear incentive to ensure that the sums paid had been kept to a minimum, the court would be likely to attach significant weight to the reasonableness of the sums paid out.
