ORC 22 March 1989. Claim by houseowners (W) for damages against (B) for breach of statutory duty. W also claimed damages for negligence from B for the provision or design of foundations inadequate to cope with problems inherent in building on clay soil from which substantial trees had been removed. W had purchased a house, part of a large development by B. Like many properties in the area it suffered from damage due to clay heave . Movement appeared as cracks between 1981 and 1983. W consulted a surveyor who recommended underpinning . If sound, the house would have been worth about £30,000; W sold their home for £3,500 to a company which specialised in buying damaged property. W issued a writ before the sale in January 1985. B accepted that the damage was caused by clay heave arising from removal of trees before construction. Though the judge found B guilty of negligence and in breach of its duty, the point at issue was whether the claim was statute barred , the material date being w