Dry rot claim succeeds
Dry rot claim succeeds
- 1988
- EGCS (1988) 97 .
In Ackerman and Another v Protim Services Ltd and Another CA 24 June 1988 the plaintiffs` claim against Protim for breach of guarantee was upheld on the grounds that an outbreak of dry rot was reactivated by a damp inner-wall face and as the wall was not as such defective, the infestation was not "as a result" of any failure by the plaintiffs to keep the property waterproof.
BUILDING DEFECTS
DAMPNESS
NEGLIGENCE
In Ackerman and Another v Protim Services Ltd and Another CA 24 June 1988 the plaintiffs` claim against Protim for breach of guarantee was upheld on the grounds that an outbreak of dry rot was reactivated by a damp inner-wall face and as the wall was not as such defective, the infestation was not "as a result" of any failure by the plaintiffs to keep the property waterproof.
BUILDING DEFECTS
DAMPNESS
NEGLIGENCE