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Long-lasting duty of care wins out

By: Language: English Series: Contract Journal ; 343(5671) 23 June 1988, 7(1)Publication details: 1988Subject(s): Summary: Highlights the recent unreported decision in Kijowski v New Capital Properties Ltd , 8 April 1988, in which owner occupiers sued builder s for damages alleging negligence after defects were discovered in a property. It emerged that the defects were deliberately concealed. The occupiers were the third purchasers of the new house, but the benefits of the NHBC House Purchaser`s Agreement had not been assigned to them. It was held that the builders owed a duty of care to future occupiers. The occupiers were awarded damages.

Highlights the recent unreported decision in Kijowski v New Capital Properties Ltd , 8 April 1988, in which owner occupiers sued builder s for damages alleging negligence after defects were discovered in a property. It emerged that the defects were deliberately concealed. The occupiers were the third purchasers of the new house, but the benefits of the NHBC House Purchaser`s Agreement had not been assigned to them. It was held that the builders owed a duty of care to future occupiers. The occupiers were awarded damages.