RIBA contractual timebar does not exclude statutory limitation rules

In The Oxford Architects Partnership v The Cheltenham Ladies College [2006] EWHC 3156 (TCC), the court considered the effect of the contractual timebar contained in article 5 of the 1995 RIBA Conditions of Engagement for the appointment of an Architect. The court held that article 5 provides an additional timebar, and does not exclude or entirely replace statutory limitation provisions. It followed that article 5 could have the effect of cutting down, but not extending, the statutory limitation periods

The case emphasises the need for clear, express wording if the provisions of the Limitation Act 1980 are to be excluded or displaced.