000			01725cam a2200205 4500
001			ABS68792
008			050317n2005 000 0 eng u
035			_a(Sirsi) u129084
245			_aWho bears responsibility when cracks appear in your building?
260			_c2005
490			_aArchitects' Journal _v221(9) 10 March 2005, 48(1)
520			_aDebates 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.
590			_aABS
650			_aPIRELLI GENERAL CABLE WORKS LTD V OSCAR FABER AND PARTNERS
650			_aMURPHY V BRENTWOOD DC
650			_aCRACKS
650			_aABBOTT AND ANOTHER V WILL GANNON AND SMITH LTD
690			_aBUILT ENVIRONMENT-BUILDING PATHOLOGY
942			_n0
999			_c74938 _d74938