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Damages in respect of defective work, loss of amenity, distress and inconvenience [electronic resource]

By: Contributor(s): Language: English Publication details: [S.l.] Fenwick Elliott 2011Subject(s): Online resources: Summary: Looks at the case of Harrison and Others v (1) Shepherd Homes Ltd, (2) National Housebuilding Council & (3) NHBC Building Control Services Ltd, [2011] EWHC 1811 (TCC), how this case represents extremely useful guidance as to the assessment of damages in respect of defective construction work. Whilst the starting point will usually be the cost of reinstatement, claimants still have a number of other hurdles to clear. If the cost of reinstatement is unreasonable then the measure of damages will be by reference to the property's diminution in value and not the reinstatement costs.

Looks at the case of Harrison and Others v (1) Shepherd Homes Ltd, (2) National Housebuilding Council & (3) NHBC Building Control Services Ltd, [2011] EWHC 1811 (TCC), how this case represents extremely useful guidance as to the assessment of damages in respect of defective construction work. Whilst the starting point will usually be the cost of reinstatement, claimants still have a number of other hurdles to clear. If the cost of reinstatement is unreasonable then the measure of damages will be by reference to the property's diminution in value and not the reinstatement costs.