Hiron & Legal and General Assurance v Pynford South Limited and others
Hiron & Legal and General Assurance v Pynford South Limited and others
- 1992
- Construction Industry Law Letter 1992 CILL 716-718(3) .
ChD 12 November 1991. H owned a property which in 1976 suffered structural damage. In September 1977 they retained a company L to advise them. On 17 February 1978 H made a claim on the insurance company in respect of the damage. In September 1978 the insurance company retained O to advise them as to the cause of and remedy for the damage. In early 1980 they reported back that the property needed partial underpinning and that other underpinning and works to the foundations were not necessary. L considered this on behalf of H and were assumed by the court to have approved it. On 3 September 1980 H entered agreement with P to carry out work supervised by O and L and the works were completed in 1981. In May 1983 further physical damage developed and continued so that the house lost structural stability. The 1980/81 works were not affected but further remedial works were needed consisting of underpinning the whole house, creating a suspended floor and further anti-heave precautions. In 19
DUTY OF CARE
ChD 12 November 1991. H owned a property which in 1976 suffered structural damage. In September 1977 they retained a company L to advise them. On 17 February 1978 H made a claim on the insurance company in respect of the damage. In September 1978 the insurance company retained O to advise them as to the cause of and remedy for the damage. In early 1980 they reported back that the property needed partial underpinning and that other underpinning and works to the foundations were not necessary. L considered this on behalf of H and were assumed by the court to have approved it. On 3 September 1980 H entered agreement with P to carry out work supervised by O and L and the works were completed in 1981. In May 1983 further physical damage developed and continued so that the house lost structural stability. The 1980/81 works were not affected but further remedial works were needed consisting of underpinning the whole house, creating a suspended floor and further anti-heave precautions. In 19
DUTY OF CARE