As time goes by
As time goes by
- 2002
- Estates Gazette (0249) 7 December 2002, 121(1) .
Discusses the issues arising out of McKillen v Russell [2002]. In 1997 the claimant when selling a property in Newtownards found serious faults with the roof space conversion. This left him unable to sell the property and action was started against the defendant. This failed as the claimant was aware in 1990 of his surveyor's error in respect of a more minor problem in the garage.This case illustrates that a surveyor can only be sued once for negligence in a single survey and that knowledge of one defect missed by the surveyor may prevent a claim when another comes to light.
MCKILLEN V RUSSELL
SURVEYOR
NEGLIGENCE
BUILDING DEFECTS
NORTHERN IRELAND
LIMITATION (NORTHERN IRELAND) ORDER 1989
LIMITATION ACT 1980
Discusses the issues arising out of McKillen v Russell [2002]. In 1997 the claimant when selling a property in Newtownards found serious faults with the roof space conversion. This left him unable to sell the property and action was started against the defendant. This failed as the claimant was aware in 1990 of his surveyor's error in respect of a more minor problem in the garage.This case illustrates that a surveyor can only be sued once for negligence in a single survey and that knowledge of one defect missed by the surveyor may prevent a claim when another comes to light.
MCKILLEN V RUSSELL
SURVEYOR
NEGLIGENCE
BUILDING DEFECTS
NORTHERN IRELAND
LIMITATION (NORTHERN IRELAND) ORDER 1989
LIMITATION ACT 1980