000 01513cab a2200253 4500
001 ABS45699
008 090401t1991 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u54594
041 _aeng
245 _aHoward de Walden Estates Ltd v Costain Management Design Ltd
260 _c1991
350 _a0
490 _aConstruction Industry Law Letter
_v(1991) CILL 713-714(2)
520 _aORC 11 July 1991. Following the collapse of a wall during a subcontractor`s underpinning operations, it was discovered that the specification had not been followed, but also agreed that had it been observed, the damage would still have occured. The contractor duly carried out remedial work under architects` instructions, and dispute arose over who would bear the cost. At arbitration, and in the light of the Simplex case, C was seen to be entitled to be paid the costs incurred by the instructions. H appealed and the court reversed the decision, as the instructions were issued after a breach of contract by C, which had no parallel in Simplex. The judgement makes clear that instructions alone do not entitle the contractor to payment for work necessary to comply with those instructions.
650 _aARCHITECTS' INSTRUCTIONS
650 _aBUILT ENVIRONMENT-BUILDING CONTRACT FORMS
650 _aCLAIMS
650 _aLIABILITY
650 _aREMEDIAL WORK
650 _aSIMPLEX CONCRETE PILES LTD V ST PANCRAS MBC
690 _aBUILDING AND CONSTRUCTION-CASE LAW
942 _n0
948 _c04/03/1997
999 _c33468
_d33468