| 000 | 01470cab a2200181 4500 | ||
|---|---|---|---|
| 001 | ABS40775 | ||
| 008 | 090401t1989 xxu||||| |||| 00| 0 eng d | ||
| 035 | _a(Sirsi) u25959 | ||
| 041 | _aeng | ||
| 245 | _aJ E Warner and Another v Basildon DC and Another | ||
| 260 | _c1989 | ||
| 350 | _a0 | ||
| 490 |
_aConstruction Industry Law Letter _v(1989) CILL 484-485(2) |
||
| 520 | _aORC 22 March 1989. Claim by houseowners (W) for damages against (B) for breach of statutory duty. W also claimed damages for negligence from B for the provision or design of foundations inadequate to cope with problems inherent in building on clay soil from which substantial trees had been removed. W had purchased a house, part of a large development by B. Like many properties in the area it suffered from damage due to clay heave . Movement appeared as cracks between 1981 and 1983. W consulted a surveyor who recommended underpinning . If sound, the house would have been worth about £30,000; W sold their home for £3,500 to a company which specialised in buying damaged property. W issued a writ before the sale in January 1985. B accepted that the damage was caused by clay heave arising from removal of trees before construction. Though the judge found B guilty of negligence and in breach of its duty, the point at issue was whether the claim was statute barred , the material date being w | ||
| 690 | _aBUILDING AND CONSTRUCTION-CASE LAW | ||
| 942 | _n0 | ||
| 948 | _c04/03/1997 | ||
| 999 |
_c17434 _d17434 |
||