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[5] At the hearing the parties also debated an unrelated issue concerning the proper interpretation of a "net contribution" clause in the collateral warranty granted by the defender to SBCI and assigned to the pursuer. I deal with that issue at paragraph 37 below.
[8] After his inspection, Mr Hay reported his findings to the pursuer in a letter sent on the same day (10 September 2003) for the attention of Mr Schumacher. It is necessary to quote that letter in full:
"Following a request by Mr D Adams we visited the above premises on the 10 th September to view damage to the walls situated within the computer suite at lower ground floor level. We list our observations as follows:
(1) Damage has affected the three door openings located within the non loadbearing partitions on the north, south and west elevations of the room. Both the door openings and the plasterboard linings are distorted.
(2) A pattern of longitudinal hairline cracks, at approx. 150 to 200 crs, was recorded on the soffit of the suspended concrete ground floor slab. The cracks run from north to south of the building.
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Common Room
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