Who bears responsibility when cracks appear in your building?
Who bears responsibility when cracks appear in your building?
- 2005
- Architects' Journal 221(9) 10 March 2005, 48(1) .
Debates the issues that arise when a claim is submitted against a construction professional for negligent design. The losses involved in this situation have usually been described by the courts as economic and raise a crucial question as to whether the loss arises when the building is finished or when there is physical damage that needs repair. Discusses a recent case; "Abbott and another v Will Gannon and Smith Ltd" ([2005] EWCA Civ 198), where a claim for damage was pursued to a building and a dispute about the limitation period which could make the claim too late. This had similarities with an earlier case, "Pirelli General Cable Works Ltd v Oscar Faber and Partners" ([1983] 2 AC 1) when it was decided that a right to claim arises when a building suffers physical damage. The judge examined the decision in the Pirelli case in attempting to come to a decision. It was concluded that a definitive decision could not be made with any confidence using the information provided. The Pirelli judgement therefore is still current until the HL can review whether any change is necessary.
PIRELLI GENERAL CABLE WORKS LTD V OSCAR FABER AND PARTNERS
MURPHY V BRENTWOOD DC
CRACKS
ABBOTT AND ANOTHER V WILL GANNON AND SMITH LTD
Debates the issues that arise when a claim is submitted against a construction professional for negligent design. The losses involved in this situation have usually been described by the courts as economic and raise a crucial question as to whether the loss arises when the building is finished or when there is physical damage that needs repair. Discusses a recent case; "Abbott and another v Will Gannon and Smith Ltd" ([2005] EWCA Civ 198), where a claim for damage was pursued to a building and a dispute about the limitation period which could make the claim too late. This had similarities with an earlier case, "Pirelli General Cable Works Ltd v Oscar Faber and Partners" ([1983] 2 AC 1) when it was decided that a right to claim arises when a building suffers physical damage. The judge examined the decision in the Pirelli case in attempting to come to a decision. It was concluded that a definitive decision could not be made with any confidence using the information provided. The Pirelli judgement therefore is still current until the HL can review whether any change is necessary.
PIRELLI GENERAL CABLE WORKS LTD V OSCAR FABER AND PARTNERS
MURPHY V BRENTWOOD DC
CRACKS
ABBOTT AND ANOTHER V WILL GANNON AND SMITH LTD