CA 24 November 1988. An appeal on the question of liability of a builder in tort for economic loss . The plaintiff, the DoE, was the underlessee of an office block built by the defendant builders . A few years after the building had been in use by the DoE, the roof began to leak, and whilst this was being remedied it was discovered that some concrete beams were soft and low-strength concrete had been used in the supporting pillars. The DoE were advised not to increase the loading as the pillars were bot sufficient to support the design load. Remedial works were made by the DoE, and the builders were sued for alleged negligence , the plaintiffs seeking to recover in tort from the defendants payment in respect of the remedial works. The judge ruled that the DoE had no cause of action in respect of the defective pillars, and the DoE appealed. On appeal it was held that the occupier, when undertaking remedial work to rectify the defect, could not recover damages in tort for the cost of t