The cost of employing an architect to draw up a schedule of defects under a building contract was not recoverable as damages. The rights under this contract required remediation of the defects discovered and listed, and did not envisage other expenses.
Citations:
Times 07-Jun-2000
Citing:
Appeal from – Johnston v W H Brown Construction (Dundee) Ltd OHCS 12-Nov-1999
An employer who had to prepare a schedule of defects in order to pursue a claim against his builder, and incurred both architects and legal costs in the preparation of the schedule was not able to claim such costs as consequential losses under the . .
Cited by:
Cited – Cetelem Sa v Roust Holdings Ltd CA 24-May-2005
The parties were engaged in arbitration proceedings. The claimant had sought and obtained an interim mandatory order intended to prevent the defendant dissipating its assets in anticipation of an adverse ruling. The defendant sought leave to appeal. . .
Lists of cited by and citing cases may be incomplete.
Damages, Construction
Updated: 09 April 2022; Ref: scu.82568