Zurich Insurance Company v Gearcross Ltd [electronic resource]
Language: English Subject(s): Online resources: Summary: Considered the recovery of costs arising from an insurer's rectification of defects to a new house which were allegedly the responsibility of the original builder. Also illustrates the problem faced by Z's surveyor in assessing the extent of, and liability for the defects. Defendant (G) was registered as a developer under claimant (Z's) building guarantee scheme. G built a house and the buyer (H) alleged there were defects. Following delays and difficulties involving inspection and remedial works at the property, Z employed another builder to carry out further works. Z commenced proceedings against G in the sum of £149 000 and applied for summary judgement. A key issue was the mismatch between Z's original notice to G for £36 538 and the larger sum of £149 000. It was argued that the sum of £149 000 was partly owed to an expert report about damp. "Held": the maximum sum due from G to Z was £36 538 with unconditional leave granted to Z to defend in respect of the balance of the claim.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 140061-2001 |
Considered the recovery of costs arising from an insurer's rectification of defects to a new house which were allegedly the responsibility of the original builder. Also illustrates the problem faced by Z's surveyor in assessing the extent of, and liability for the defects. Defendant (G) was registered as a developer under claimant (Z's) building guarantee scheme. G built a house and the buyer (H) alleged there were defects. Following delays and difficulties involving inspection and remedial works at the property, Z employed another builder to carry out further works. Z commenced proceedings against G in the sum of £149 000 and applied for summary judgement. A key issue was the mismatch between Z's original notice to G for £36 538 and the larger sum of £149 000. It was argued that the sum of £149 000 was partly owed to an expert report about damp. "Held": the maximum sum due from G to Z was £36 538 with unconditional leave granted to Z to defend in respect of the balance of the claim.