Who bears responsibility when cracks appear in your building?
Series: Architects' Journal ; 221(9) 10 March 2005, 48(1)Publication details: 2005Subject(s): Summary: 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.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS68792 (Browse shelf(Opens below)) | 1 | Available | 129084-1001 |
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.