Lindenberg v Canning and others
Lindenberg v Canning and others
- 1993
- Construction Law Journal 1993 CLJ 43-49(4) .
HC 6 January 1993. L was a property developer employed to carry out some conversion work on a basement. A building surveyor prepared the drawings. These showed that the non-load bearing walls, including a chimney breast and denoted by broken lines, were to be demolished. In fact the walls were load bearing. Demolition began and no temporary propping was provided for the ceiling. The architect stopped the work and instructed C to shore up the ceiling but damage had already been caused to the floor of the flat above. L claimed that as a result he had to pay the owner of the building £289,560 in settlement of a claim under an indemnity agreement. C claimed they had taken down the walls in accorance with the plan and that if this was wrong L and the surveyor were at fault. It was held that the walls were load bearing and props should have been provided, that it was an implied term in C`s engagement that he would exercise the care to be expected by any competant builder and that the plan
LOAD BEARING WALLS
NEGLIGENCE
PLANS
HC 6 January 1993. L was a property developer employed to carry out some conversion work on a basement. A building surveyor prepared the drawings. These showed that the non-load bearing walls, including a chimney breast and denoted by broken lines, were to be demolished. In fact the walls were load bearing. Demolition began and no temporary propping was provided for the ceiling. The architect stopped the work and instructed C to shore up the ceiling but damage had already been caused to the floor of the flat above. L claimed that as a result he had to pay the owner of the building £289,560 in settlement of a claim under an indemnity agreement. C claimed they had taken down the walls in accorance with the plan and that if this was wrong L and the surveyor were at fault. It was held that the walls were load bearing and props should have been provided, that it was an implied term in C`s engagement that he would exercise the care to be expected by any competant builder and that the plan
LOAD BEARING WALLS
NEGLIGENCE
PLANS