Alterations and repair or maintenance - case law and agreements: underpinning
The insertion of underpinning is normally carried out to stabilise a building and prevent its further decline. As such, it is a work of repair or maintenance.
However, case law, including a case in the House of Lords, has insisted that it be treated as an ‘approved alteration’. Careful consideration should be given to any cases in this area before denying relief.
A C T Construction Ltd ( STC 25; House of Lords): Works of underpinning were carried out. The House of Lords held it was an alteration. Check VCONST08490 for a summary of this decision.