Who's liable now?
Greene, K
Who's liable now? - 2002 - Building Services 24(4) April 2002, 21(1) .
Discusses if recently overturned "Baxall Securities v Sheard Walshaw Partnership" case means consultants without a contractual relationship cannot be held liable to third party for building defects. Originally in February 2001, case judgment showed, in absence of contract, rights of recovery of owner/occupier who has suffered loss as result of action of builder or professional were extremely limited. However, CA recently overturned this, arguing that wrong in law to impose duty of care on professionals owed to subsequent purchasers of property in regard to latent defect. Concludes duty of care can be extended to consultant in certain circumstances however.
BAXALL SECURITIES LTD AND ANOTHER V SHEARD WALSHAW PARTNERSHIP
DUTY OF CARE
LATENT DEFECTS
Who's liable now? - 2002 - Building Services 24(4) April 2002, 21(1) .
Discusses if recently overturned "Baxall Securities v Sheard Walshaw Partnership" case means consultants without a contractual relationship cannot be held liable to third party for building defects. Originally in February 2001, case judgment showed, in absence of contract, rights of recovery of owner/occupier who has suffered loss as result of action of builder or professional were extremely limited. However, CA recently overturned this, arguing that wrong in law to impose duty of care on professionals owed to subsequent purchasers of property in regard to latent defect. Concludes duty of care can be extended to consultant in certain circumstances however.
BAXALL SECURITIES LTD AND ANOTHER V SHEARD WALSHAW PARTNERSHIP
DUTY OF CARE
LATENT DEFECTS