000			01619cad a22001815a 4500
001			L140061
008			070903e20070525xxk f v 000 0 eng d
035			_a(Sirsi) u140061
041	0		_aeng
245	0	0	_aZurich Insurance Company v Gearcross Ltd _h[electronic resource]
520			_aConsidered 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.
590			_aKA
650	2	4	_aZURICH INSURANCE COMPANY V GEARCROSS LTD
651		4	_aEngland and Wales _y1543-
690			_aBUILT ENVIRONMENT-BUILDING PATHOLOGY
856	4	0	_uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/TCC/2007/1318.html _zView the judgment free of charge at www.bailii.org...
942			_n0
999			_c79175 _d79175