Builder liable for damage after demolition
Builder liable for damage after demolition
- 1992
- Chartered Surveyor Weekly 38(9) 5 March 1992, 62-63(2) .
"Lindenberg v Canning and others" HC 6 January 1992, concerned a claim for damages against a builder (C) for lack of care in demolishing load bearing walls in the course of converting a basement property. C claimed that he had just followed the plan presented by L`s surveyor. The judge considered existing case law. Held that C had behaved with less care than was expected of an ordinary competent builder and was in breach of contract although there had been no breach of duty in negligence as there had been no personal injury to L. Furthermore, the surveyor Carlish was 75% responsible, thus reducing the level damages which C should pay. C should be paid for his works on a quantium meruit basis. Damages awarded to L.
BUILDERS
DEMOLITION
DUTY OF CARE
LOAD-BEARING WALLS
NEGLIGENCE
PROFESSIONAL LIABILITY
"Lindenberg v Canning and others" HC 6 January 1992, concerned a claim for damages against a builder (C) for lack of care in demolishing load bearing walls in the course of converting a basement property. C claimed that he had just followed the plan presented by L`s surveyor. The judge considered existing case law. Held that C had behaved with less care than was expected of an ordinary competent builder and was in breach of contract although there had been no breach of duty in negligence as there had been no personal injury to L. Furthermore, the surveyor Carlish was 75% responsible, thus reducing the level damages which C should pay. C should be paid for his works on a quantium meruit basis. Damages awarded to L.
BUILDERS
DEMOLITION
DUTY OF CARE
LOAD-BEARING WALLS
NEGLIGENCE
PROFESSIONAL LIABILITY