The Bellgrove v Eldridge qualification that rectification work must be a reasonable course to adopt may limit damages to rectification of only those parts of a structure necessary to achieve the contractual objective, where both experts agree that partial rectification achieves equivalent performance. Expenditure on additional rectification that does not enhance the contractual objective may be held to be out of all proportion to the benefit obtained. Contractual interest provisions on progress payments operate independently of the Building and Construction Industry Security of Payment Act 1999 and survive final determination of the parties' rights.
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