Outer House 1 March 1990. Owner of a house (M) raised an action of damages against former owners (S) for deterioration of the steel clad exterior of the house several years after he purchased it. He alleged that this had occurred due to design defects in improvement works carried out to the insulation of the house on behalf of S and to their design specification some time prior to sale. M`s case was based on negligence in respect of the alleged defective design of the improvement work. S contended that as M did not claim that the defect had caused damage to the health and safety of themselves or adjoining property they were not liable. They also claimed that there was no contractual term in missives requiring that the property should meet a certain standard of fitness. M should not be allowed to make a further claim that he could not make in a contract. M claimed that the steel cladding and insulation should be regarded as separate properties and the effect of insertion of an insulat