Duties of care for latent damage in building cases

Holtum, I.

Duties of care for latent damage in building cases - 2001 - New Law Journal 151(6985) 754-755(2) .

Reviews recent case law concerning whether or not a builder or consultant owes a duty of care in negligence to the subsequent purchaser of a property who suffers economic loss as a result of latent defects. Concludes that a claimant showing reasonable reliance on a certificate can succeed but that a claimant relying on a defendant's acts can only recover losses to others and their property. The negligent statements of construction professionals in such circumstances are, however, more dangerous than their negligent acts.


ANNS AND OTHERS V MERTON LBC
BAXALL SECURITIES LTD AND ANOTHER V SHEARD WALSHAW PARTNERSHIP
BELLEFIELD COMPUTER SERVICES LTD AND OTHERS V E TURNER AND SONS
BUILDERS
CONSTRUCTION PROFESSIONALS
CONSULTANTS
CONSULTANTS LIABILITIES
DEFECTIVE PREMISES ACT 1972
HEDLEY BRYNE & CO V HELLER & PARTNERS LTD
LATENT DAMAGE
LATENT DAMAGE ACT 1986 S3
LATENT DEFECTS
LATENT DEFECTS LIABILITY
LIABILITY
LIMITATION ACT 1980 S14A
NEGLIGENCE
MURPHY V BRENTWOOD DC
PAYNE AND OTHERS V JOHN SETCHELL LTD