000 01483cab a2200181 4500
001 ABS41387
008 090401t1989 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u29845
041 _aeng
245 _aPortsea Island Mutual Co-op Soc Ltd v Michael Brashier Associates
260 _c1989
350 _a0
490 _aConstruction Industry Law Letter
_v1989 CILL 520-522(3)
520 _a10 July 1989. Action by tenant (P) of supermarket , alleging negligence against architects (M) who designed and supervised its construction. Practical completion took place in 1980 and from September 1980 P took a full repairing lease, becoming liable to pay for all defects . In 1984 defects were discovered. Brickslips fell from the walls; others had to be removed to prevent being a danger to staff and customers. There were defects in the car park walls such as lack of mortar, unsatisfactory pointing and inadequate damp proof courses. The builder could not be sued because M had issued a final certificate in 1982. The main points at issue were: 1) assuming that the brickslip facing was a source of danger, should M be liable for the costs of removal and replacement, and 2) assuming there were defects in the car park walls, which did not render danger, should M be liable for the remedial costs. Held: 1) P could recover from M the cost of removing the brickslips, but not of fixing new on
690 _aBUILDING AND CONSTRUCTION-CASE LAW
942 _n0
948 _c04/03/1997
999 _c20077
_d20077