Tag: Construction

Channel Island Ferries Ltd v Cenargo Navigation Ltd (The Rozel): QBD 5 Apr 1994

Arbitrator to award all costs even if award much less than original claim.
Phillips J said: ‘It is always necessary to exercise the greatest care before applying the reasoning in one case to a different factual situation, and this is particularly true in the field of damages. The majority of the Court in Ruxley Electronics did not hold that a plaintiff can recover in damages the cost of remedial measures which are unreasonable. They held that, in the circumstances of that case it was not unreasonable for the plaintiff to spend the substantial sum necessary to have what he had contracted for. The test of what was reasonable had to have regard to his personal preference, as expressed in the depth of water that he had contractually required. This reasoning can be applied to a requirement which is incorporated in a contract as an end in itself, reflecting a personal preference of the contracting party. It does not apply where the contractual requirement is not an end in itself, but is inserted into a commercial contract because it has financial implications. If, in such a case, the contractual requirement is not met, the costs of remedial measures will not normally be recoverable as damages if they are disproportionate to the financial consequences of the breach. If that is the case it will not be reasonable to incur those costs. The damages recoverable will be those necessary to compensate for the financial consequences of the breach.’

Judges:

Phillips J

Citations:

Times 05-Apr-1994, [1994] 2 Lloyd’s Rep 161

Jurisdiction:

England and Wales

Citing:

Cited – Ruxley Electronics and Construction Ltd v Forsyth CA 7-Jan-1994
In 1986, the defendant, wanted a swimming pool adjoining his house. He contracted with the plaintiffs. The contract price for the pool, with certain extras, was 17,797.40 pounds including VAT. The depth of the pool was to be 6 ft 6 in at the deep . .

Cited by:

Cited – Ruxley Electronics and Construction Ltd v Forsyth HL 29-Jun-1995
Damages on Construction not as Agreed
The appellant had contracted to build a swimming pool for the respondent, but, after agreeing to alter the specification to construct it to a certain depth, in fact built it to the original lesser depth, Damages had been awarded to the house owner . .
Lists of cited by and citing cases may be incomplete.

Arbitration, Damages, Construction

Updated: 12 July 2022; Ref: scu.78974

Zurich Insurance Company v Gearcross Ltd: TCC 25 May 2007

The claimant insured new buildings under a scheme at the request of developers. It now sought re-imbursement of expenditure in remedying defects in a property constructed by the defendant.

Judges:

Peter Coulsn QC J

Citations:

[2007] EWHC 1318 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Insurance, Construction

Updated: 11 July 2022; Ref: scu.258376

Riverside Housing Association Ltd v Revenue and Customs: ChD 3 Oct 2006

The court was asked whether the building of a divisional head office for a charitable body, a social housing landlord, was zero-rated for VAT.
Held: Being a social landlord was not enough to qualify the landlord to be entering into construction ‘other than in the furtherance of a business’ for value-added tax purposes.

Judges:

Justice Lawrence Collins

Citations:

[2006] EWHC 2383 (Ch), Times 01-Nov-2006

Links:

Bailii

Jurisdiction:

England and Wales

VAT, Construction

Updated: 07 July 2022; Ref: scu.245175

Revenue and Customs v Facilities and Maintenance Engineering Ltd: ChD 30 Mar 2006

The contractor sought an exemption certificate. The revenue refused it saying that he had failed to make the appropriate returns, and now appealed the General Comissioners’ decision to issue one.
Held: This was not a situation where there was any discretion. The section was rigorously prescriptive save only where a failure was ‘minor and technical’. Payments had been late for 32 out of 34 months.

Judges:

Park J

Citations:

Times 18-Apr-2006, [2006] EWHC 689 (Ch)

Links:

Bailii

Statutes:

Income and Corporation Taxes Act 1988 565

Jurisdiction:

England and Wales

Income Tax, Construction

Updated: 05 July 2022; Ref: scu.240432

Donnelly and others v Weybridge Construction Ltd: TCC 22 Mar 2006

Application for specific dicslosure order.

Judges:

His Honour Judge Coulson QC

Citations:

[2006] EWHC 721 (TCC), [2006] BLR 158

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Nottingham Building Society v Eurodynamics Systems plc 1993
The court laid down tests for the granting of mandatory interim injunctions. The court should consider whether there was a high degree of confidence that the applicant would succeed in establishing his right at trial. The higher that confidence, the . .

Cited by:

Cited – Dolphin Quays Developments Ltd v Mills and others CA 17-May-2007
The owner had agreed to sell a long lease of an apartment to the defendant. Part of the price was to be by way of set off of an existing debt, but ths was not set out in the contract. The claimant bought the land and the benfit of the contract from . .
Lists of cited by and citing cases may be incomplete.

Construction, Litigation Practice

Updated: 05 July 2022; Ref: scu.240451

Bella Casa Ltd v Vinestone Ltd and others: TCC 9 Dec 2005

Judges:

His Honour Peter Coulson Q.C.

Citations:

[2005] EWHC 2807 (TCC)

Links:

Bailii

Statutes:

Defective Premises Act 1972

Jurisdiction:

England and Wales

Citing:

Cited – McLoughlin v Jones; McLoughlin v Grovers (a Firm) CA 2002
In deciding whether a duty of care is established the court must go to the ‘battery of tests which the House of Lords has taught us to use’, namely: ‘. . the ‘purpose’ test (Banque Bruxelles Lambert SA v Eagle Star Insurance Co Ltd); the ‘assumption . .
Cited – Bayoumi v Protim Services Limited CA 6-Nov-1996
The county court judge had allowed damages to the claimant, who owned a property which suffered from persistent water penetration, general damages for breach of the 1972 Act, the sum of andpound;1,500 a year for the four years during which the . .
Lists of cited by and citing cases may be incomplete.

Construction

Updated: 04 July 2022; Ref: scu.236321

Offer-Hoar, Technotrade Ltd and others v Larkstore Ltd, Bess Ltd: TCC 2 Dec 2005

Citations:

[2005] EWHC 2742 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Appeal From – Technotrade Ltd v Larkstore Ltd CA 27-Jul-2006
A claim was made for damages arising from building operations. Question as to legal effect of assignment of cause of action. . .
Lists of cited by and citing cases may be incomplete.

Construction, Contract

Updated: 04 July 2022; Ref: scu.235548

The Royal Brompton Hospital National Health Service Trust v Hammond and Others: CA 23 May 2001

Citations:

[2001] CA Civ 778

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – The Royal Brompton Hospital National Health Service Trust v Hammond and Others (No 5) CA 11-Apr-2001
When looking at an application to strike out a claim, the normal ‘balance of probabilities’ standard of proof did not apply. It was the court’s task to assess whether, even if supplemented by evidence at trial, the claimant’s claim was bound to fail . .
See Also – Royal Brompton Hospital National Health Trust v Hammond etc TCC 8-Jan-1999
. .
See Also – Royal Brompton Hospital National Health Trust v Hammond and others TCC 9-Dec-1999
. .
See Also – The Royal Brompton Hospital NHS Trust v Hammond and Others TCC 18-Dec-2000
. .
See Also – Royal Brompton Hospital National Health Service Trust v Hammond and others CA 9-Feb-2001
. .

Cited by:

Appeal from – Royal Brompton Hospital National Health Service Trust v Hammond and others HL 25-Apr-2002
The claimants sought damages against the defendants for their late delivery of a building. The contractors sought to share the damages with the architects who had certified the delays, defeating their own claims.
Held: The Act sought to extend . .
Lists of cited by and citing cases may be incomplete.

Construction

Updated: 04 July 2022; Ref: scu.235026

Wates Construction Ltd v HGP Greentree Allchurch Evans Ltd: TCC 10 Oct 2005

A unit constructed by the claimant had collapsed under a weight of rainwater. It had been constructed according to a design provided by the defendants. The claimants had discontinued the action on the morning of the trial, and the defendants now sought costs on an indemnity basis.
Held: An order for indemnity costs may only be made where a party maintains a claim or application which it knew or ought to have known was doomed to fail on its facts and on the law.
The pursuit of a weak claim will not usually, on its own, justify an order for indemnity costs, provided that the claim was at least arguable. But the pursuit of a hopeless claim (or a claim which the party pursuing it should have realised was hopeless) may well lead to such an order.

Judges:

Peter Coulson QC

Citations:

[2005] EWHC 2174 (TCC), [2006] BLR 45, 105 Con LR 47

Links:

Bailii

Citing:

Cited – Atlantic Bar and Grill Ltd v Posthouse Hotels Ltd 2000
The third defendant sought an order that the costs of the claim for an injunction against him, once it was discontinued on the second day of trial, should be assessed on an indemnity basis.
Held: The order should be made. The power of the . .
Cited – Reid Minty (a firm) v Taylor CA 2002
New CPR govern Indemnity Costs awards
The defendant had successfully defended the main claim and now appealed against the refusal of an order for costs on an indemnity basis even though judge thought that the claimants had behaved unreasonably. He had said that some conduct deserving of . .
Cited – Kiam II v MGN Ltd (2) CA 6-Feb-2002
An appeal against a damages award in a defamation case had been unsuccessful. The claimant now appealed for the award of indemnity costs. The claimant had made an offer of compromise, which had been ignored by the defendant.
Held: If a party . .

Cited by:

Cited – Evans and Others v The Serious Fraud Office QBD 12-Feb-2015
The claimants had had criminal charges brought against them by the defendants. A court had ordered them discharged, but the defendant had recommenced proceedings and these second set of proceedings had also been dismissed by the court. They now . .
Cited – Elvanite Full Circle Ltd v AMEC Earth and Environmental (UK) Ltd TCC 14-Jun-2013
Following the proncipal judgment there were disputes as to the basis of assessment of costs and the interaction between the existing costs management order (which approved the defendant’s budget costs of andpound;264,708) and the total costs now . .
Lists of cited by and citing cases may be incomplete.

Construction, Professional Negligence, Costs

Updated: 04 July 2022; Ref: scu.231287

Eribo and Another v Odinaiya and Another: TCC 19 Feb 2010

Dispute arising out of design and refurbishment works carried out by the First or Second Defendants at the Claimant’s home. There is a wide range of issues to be decided but the essence of the case is that the Claimants allege that the work done was late, was grossly defective and requires extensive and costly remedial works. Those allegations are, in the main, denied and a Counterclaim is brought to recover alleged under-payment.

Judges:

Acton Davis QC HHJ

Citations:

[2010] EWHC 301 (TCC)

Links:

Bailii

Jurisdiction:

England and Wales

Construction

Updated: 29 June 2022; Ref: scu.401932

Connex South Eastern Ltd v M J Building Services Group Plc: CA 1 Mar 2005

The defendant had repudiated the building contract in 2002. The claimant now resisted a request for arbitration, saying the request was an abuse of process after such delay.
Held: The defendant’s appeal succeeded. The Arbitration Act explicitly allowed a reference at any time, and there was nothing in the Act to indicate any restrictive interpretation of the phrase.

Judges:

Lord Justice Ward Lord Justice Dyson Lord Justice Carnwath

Citations:

[2005] EWCA Civ 193, Times 13-May-2005

Links:

Bailii

Statutes:

Housing Grants, Construction and Regeneration Act 1996, Arbitration Act 1996 108(1)

Jurisdiction:

England and Wales

Construction, Arbitration

Updated: 29 June 2022; Ref: scu.223283

Iliffe and Another (T/A Otterton Post Office) v Customs and Excise: VDT 14 Jan 2004

VDT ASSESSMENT – Over-claimed input tax – Work done to a listed building – Whether alteration or repair – Part of work related to private house – Whether VAT reasonable
LEGAL COSTS – Appellants ordered by court to pay building societies costs including VAT – Whether that VAT recoverable in hands of the Appellants – Civil Procedure Rules 1998 considered – Appeal dismissed

Citations:

[2004] UKVAT V18444

Links:

Bailii

Jurisdiction:

England and Wales

VAT, Construction

Updated: 28 June 2022; Ref: scu.221149

Collins (Contractors) Ltd v Baltic Quay Management (1994) Ltd: CA 7 Dec 2004

The claimant sought payment under its invoice for construction works. The contractor gave notice of its intention to withhold payment, and then also sought to refer the matter to arbitration. The claimant said that the notice had prevented the reference, and appealed a stay pending the arbitration.
Held: The appeal failed. There was nothing in section 111(1) to prevent a party seeking arbitration and a stay for that arbitration.

Judges:

Brooke LJ, Clarke LJ, Neuberger LJ

Citations:

[2004] EWCA Civ 1757, Times 03-Jan-2005

Links:

Bailii

Statutes:

Arbitration Act 1996 9, Housing Grants, Construction and Regeneration Act 1996 111(1)

Jurisdiction:

England and Wales

Citing:

Cited – Halki Shipping Corporation v Sopex Oils Limited CA 19-Dec-1997
The court was aked whether there was a dispute sufficient to sustain a stay of court proceedings for arbitration under the Act.
Held: There was a dispute once money is claimed unless and until the defendants admit that the sum is due and . .
Approved – Amec Civil Engineering Ltd v The Secretary of State for Transport TCC 11-Oct-2004
The court affirmed an interim arbitration award as to jurisdiction in an arbitration commenced by the Secretary of State against the contractors in relation to work carried out by them on the Thelwall viaduct. The court identified seven applicable . .

Cited by:

Cited – Amec Civil Engineering Ltd v Secretary of State for Transport CA 17-Mar-2005
The contractors appealed a decision that an arbitrator had jurisdiction to hear a claim against them in respect of works carried out on the Thelwall viaduct. The contractors denied that there had been a dispute which could found a reference, and no . .
Mentioned – 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.

Construction, Arbitration

Updated: 28 June 2022; Ref: scu.220662

Bryen and Langley Limited v Boston: TCC 4 Nov 2004

Judges:

His Honour Judge Richard Seymour

Citations:

[2004] EWHC 2450 (TCC)

Links:

Bailii

Cited by:

Appeal from – Bryen and Langley Ltd v Boston CA 29-Jul-2005
The special facts surrounding the agreement of the standard term at issue were such that the court held that it could not possibly say that there had been a breach of the principle of fair dealing and that rendered it unnecessary for the court to . .
Lists of cited by and citing cases may be incomplete.

Construction, Contract, Consumer

Updated: 27 June 2022; Ref: scu.219351

Daly and Another v Sheikh: CA 7 May 2002

Application for leave to appeal

Citations:

[2002] EWCA Civ 810

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Daly, Daly v Sheikh CA 13-Feb-2004
. .
See Also – Daly and Another v Sheikh CA 24-Oct-2002
Application for leave to appeal . .

Cited by:

See Also – Daly and Another v Sheikh CA 24-Oct-2002
Application for leave to appeal . .
See Also – Daly, Daly v Sheikh CA 13-Feb-2004
. .
Lists of cited by and citing cases may be incomplete.

Construction

Updated: 23 June 2022; Ref: scu.217159

Lloyds Bank plc v Guardian Assurance plc: CA 1986

The statutory control over building works provided under s.60 is capable of operating quite separately from the private law tort of nuisance.

Judges:

Sir John Arnold P and Nourse LJ

Citations:

[1986] 35 BLR 34

Statutes:

Control of Pollution Act 1974 60

Jurisdiction:

England and Wales

Cited by:

Cited – Hiscox Syndicates Ltd and Another v The Pinnacle Ltd and others ChD 25-Jan-2008
The claimants sought an injunction in nuisance, saying that the defendants had agreed to use all reasonable endeavours to avoid causing a nuisance to them in demolition works on their neighbouring land.
Held: The injunction should be granted. . .
Lists of cited by and citing cases may be incomplete.

Nuisance, Construction

Updated: 23 June 2022; Ref: scu.266303

Pride Valley Foods Ltd v Hall and Partners: TCC 4 May 2000

TCC Contract – Project Management – Role of Quantity Surveyor acting as Project Manager – Duty to warn clients of fire hazards – Causation – Contributory Negligence – Test whether defendants are Partnership or Limited Company – role of experts in relation to evidence of Project Management

Judges:

John Toulmin CMG QC

Citations:

[2001] 76 Con LR 1, [2000] EWHC Technology 106

Links:

Bailii

Statutes:

Law Reform (Contributory Negligence) Act 1945

Citing:

Approved – Kerry v Carter CA 1969
The court considered the apportionment of responsibility under the 1945 Act.
Lord Denning MR said: ‘We have been referred to cases on this subject, particularly the recent case of Brown v Thompson [1968] 1 WLR 1003. Since that case it seems to . .

Cited by:

Cited – Jackson v Murray and Another SC 18-Feb-2015
Child not entirely free of responsibility
The claimant child, left a school bus and stepped out from behind it into the path of the respondent’s car. She appealed against a finding of 70% contributory negligence.
Held: Her appeal succeeded (Majority, Lord Hodge and Lord Wilson . .
Lists of cited by and citing cases may be incomplete.

Negligence, Construction

Updated: 13 June 2022; Ref: scu.201811

James Longley and Company Ltd v Forest Giles Ltd: CA 18 Jul 2001

The claimant sought an indemnity from his insurers under the Public Liability Section of a standard Builders Contractors Policy. A sub-contractor who had spent money rectifying a defectively laid floor and who had been sued to judgment in contract by the general contractor for losses caused by delay. The relevant wording was: ‘All sums for which the Insured shall be liable at law for damages in respect of (a) bodily injury to any person; (b) Damage to property; (c) Obstruction loss of amenities trespass or nuisance; occurring during the period of Insurance and arising in connection with the Business. ‘ The judge had decided that neither the cost of rectification nor the damages payable to the general contractor were within the cover.
Held: The appeal failed. Potter LJ said: ‘It is not the usual intention, in a contractor’s public liability insurance, to give cover in respect of defective workmanship which requires rectification but does not cause physical damage to the personal property of a third party or interference with a third party’s property rights, as opposed to their purely economic interests.’

Judges:

Potter LJ

Citations:

[2001] EWCA Civ 1242, [2002] 1 Lloyd’s Rep IR 421

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

Cited – Tesco Stores Ltd. v Constable and others Comc 14-Sep-2007
The defendants provided insurance for the claimant to construct a train tunnel over which the claimant would build a supermarket. The tunnel collapsed, and the railway operator claimed for loss of revenues. The insurers denied responsibility saying . .
Lists of cited by and citing cases may be incomplete.

Insurance, Construction

Updated: 13 June 2022; Ref: scu.201257

Royal Brompton Hospital National Health Service Trust v Hammond and others: CA 9 Feb 2001

Citations:

[2001] EWCA Civ 206

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – Royal Brompton Hospital National Health Trust v Hammond etc TCC 8-Jan-1999
. .
See Also – Royal Brompton Hospital National Health Trust v Hammond and others TCC 9-Dec-1999
. .
See Also – The Royal Brompton Hospital NHS Trust v Hammond and Others TCC 18-Dec-2000
. .

Cited by:

See Also – The Royal Brompton Hospital National Health Service Trust v Hammond and Others (No 5) CA 11-Apr-2001
When looking at an application to strike out a claim, the normal ‘balance of probabilities’ standard of proof did not apply. It was the court’s task to assess whether, even if supplemented by evidence at trial, the claimant’s claim was bound to fail . .
See Also – The Royal Brompton Hospital National Health Service Trust v Hammond and Others CA 23-May-2001
. .
See Also – Royal Brompton Hospital National Health Service Trust v Hammond and others HL 25-Apr-2002
The claimants sought damages against the defendants for their late delivery of a building. The contractors sought to share the damages with the architects who had certified the delays, defeating their own claims.
Held: The Act sought to extend . .
Lists of cited by and citing cases may be incomplete.

Construction

Updated: 11 June 2022; Ref: scu.200831

Tally Wiejl (UK) Ltd v Pegram Shopfitters Ltd: CA 21 Nov 2003

Judges:

Lord Justice May

Citations:

[2003] EWCA Civ 1750, [2004] 1 All ER 818

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Approved – Macob Civil Engineering Ltd v Morrison Construction Ltd TCC 12-Feb-1999
Once made, an award by an adjudicator under the Scheme was enforceable immediately and should be enforced by writ and application for summary judgment, provided only that the arbitrator had jurisdiction to make the award. It remained payable . .

Cited by:

Cited – Carillion Construction Ltd v Devonport Royal Dockyard Ltd CA 16-Nov-2005
The parties had disputed payments for subcontracting work on a major project. The matter had been referred to arbitration, and the claimants now appealed refusal of leave to appeal the adjudicator’s award.
Held: The dispute was complex and . .
Cited – Carillion Construction Ltd v Devonport Royal Dockyard TCC 26-Apr-2005
Application for leave to appeal against arbitrator’s award in construction dispute.
Held: The appeal was declined. . .
Lists of cited by and citing cases may be incomplete.

Construction

Updated: 08 June 2022; Ref: scu.188483

Scottish and Newcastle plc v GD Construction (St Albans) Ltd: CA 22 Jan 2003

The employer and main contractor had contracted under the JCT conditions. The employer had been obliged to insure the property for fire in their joint names, but had not done so. After a fire caused by the negligence of a sub-contractor, he sued.
Held: The judge should have concluded that the effect of the contract was that the parties had agreed to exclude liability for negligence. The employer had an explicit obligation to insure in joint names and without subrogation, as part of an agreement allocating risks under the contract

Judges:

Ward, Longmore LJJ, Aikens J

Citations:

Times 28-Jan-2003, Gazette 20-Mar-2003, [2003] EWCA Civ 16

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Cited – Scottish Special Housing Association v Wimpey Construction UK Ltd HL 1986
The court acknowledged the practice in construction contracts making an express link between the liability imposed on the contractor, the specific aspect of such liability which iwas excluded and the existence of insurance (intended to benefit both . .
Cited – Co-Operative Retail Services Limited and others v Taylor Young Partnership and others HL 25-Apr-2002
Whilst a substantial new building was being constructed, it was damaged by fire caused by the negligence of several contractors. The case concerned apportionment of liability.
Held: The appeal failed. The parties could by agreement vary the . .
Cited – Mark Rowlands v Berni Inns Ltd CA 1985
The plaintiff owned the freehold and had let the basement to the defendant. The plaintiff insured the building. The defendant covenanted to pay to the plaintiff an insurance rent equal to the proportionate cost of insuring the part of the building . .
Lists of cited by and citing cases may be incomplete.

Insurance, Construction

Updated: 06 June 2022; Ref: scu.178770

China National Petroleum Corporation and others v Fenwick Elliott, Techint International Construction Company: ChD 31 Jan 2002

In the course of a dispute, the claimants concluded that the respondents had acquired documents of a confidential nature, and sought restoration and disclosure of the source. The solicitors for the respondents suggested that the claimants were in breach of disclosure orders, and that the materials were not privileged, and would be subject to disclosure in any event. It was then alleged that the respondent firm had acted improperly in seeking privileged information from employees of the claimants. It was argued that the sources of the information should be disclosed, but the respondents argued that this might put them at personal risk. In this case there was no evidence of privilege inhering, and no specific allegations, and the respondents claim of privilege attaching to his interviews of witnesses succeeded. The claim had no prospect of success and was struck out.

Judges:

The Vice-Chancellor

Citations:

[2002] EWHC 60 (Ch)

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Followed – Ashworth Security Hospital v MGN Ltd CA 18-Dec-2000
The court can order the identity of a wrongdoer to be revealed where the person against whom the order was sought had become involved in his tortious acts. This might apply even where the acts were unlawful, but fell short of being tortious. There . .
Lists of cited by and citing cases may be incomplete.

Construction, Intellectual Property, Information, Legal Professions

Updated: 05 June 2022; Ref: scu.167535

Manchester and District Housing Association v Fearnley Construction Ltd (In Voluntary Liquidation) and Another: ChD 17 Aug 2000

The defendant builder contracted to build on and then convey the land and building to the claimant. The builder charged the land, but failed to complete the building, and went into liquidation. The claimant sought specific performance with a reduction of the purchase price reflecting the breach. The builder asserted that the obligation to sell only arose on the completion of the building. It was held that the claimant was entitled to the land, since the builder could not rely upon his own fault. Any conditionality was gone once the building work began.

Citations:

Gazette 17-Aug-2000

Jurisdiction:

England and Wales

Construction, Land

Updated: 04 June 2022; Ref: scu.83364

J Jarvis and Sons Ltd v Castle Wharf Developments Ltd, Gleeds Management Services Ltd, Franklin Ellis Architects Ltd: CA 19 Jan 2001

Judges:

Peter Gibson, Arden LJJ, Collins J

Citations:

[2001] EWCA Civ 19, [2001] Lloyds Rep PN 308, (2001) 17 Const LJ 430, [2001] NPC 15

Links:

Bailii

Jurisdiction:

England and Wales

Construction, Professional Negligence, Agency

Updated: 31 May 2022; Ref: scu.147399

George Fisher Holding Limited v Multi Design Consultants Limited, Roofdec Limited, Severfield-Reeve Pl, and Others: TCC 6 Apr 1998

Citations:

[1998] EWHC Technology 329

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See Also – George Fisher Holding Limited v Multi Design Consultants Limited, Roofdec Limited, Severfield-Reeve Plc and Others QBD 10-Feb-1998
. .
Lists of cited by and citing cases may be incomplete.

Construction

Updated: 25 May 2022; Ref: scu.136103

George Fisher Holding Limited v Multi Design Consultants Limited, Roofdec Limited, Severfield-Reeve Plc and Others: QBD 10 Feb 1998

Citations:

[1998] EWHC QB 341

Links:

Bailii

Jurisdiction:

England and Wales

Cited by:

See Also – George Fisher Holding Limited v Multi Design Consultants Limited, Roofdec Limited, Severfield-Reeve Pl, and Others TCC 6-Apr-1998
. .
Lists of cited by and citing cases may be incomplete.

Construction

Updated: 23 May 2022; Ref: scu.135905

Stiell Ltd v Riema Control Systems Ltd: IHCS 28 Jun 2000

Contractors had been called upon to carry out work beyond that originally requested, and sought payment, and had arrested a payment in the hands of a third party. Before raising the action they had referred the matter to adjudication under the Act.
Held: The fact of the reference did not change the fact of the claim, and the effect of the arbitrator’s decision in rejecting the claim was not like that of a certifying engineer or architect.

Citations:

Times 28-Jun-2000

Statutes:

Housing Grants Construction and Regeneration Act 1996

Jurisdiction:

Scotland

Arbitration, Construction, Scotland

Updated: 20 May 2022; Ref: scu.89556

Invercargill City Council v Hamlin: PC 12 Feb 1996

(New Zealand) Seventeen years earlier the plaintiff had asked a builder to construct a house for him, but it now appeared that the foundations had been inadequate. The building company no longer being in existence, he sought damages from the local authority which had supervised the construction.
Held: A Local Authority was liable for economic losses for a negligent inspection of a house during construction. Murphy had not been followed in New Zealand and the Privy Council accepted that this was justified. The Pirelli date of physical damage had also been discarded in favour of the date of discoverability. The decision in Pirelli was unfortunate: Once it is appreciated that the loss in respect of which the plaintiff in the present case is suing is loss to his pocket, and not for physical damage to the house or foundations, then most, if not all the difficulties surrounding the limitation question fall away. The plaintiff’s loss occurs when the market value of the house is depreciated by reason of the defective foundations, and not before. If he resells the house at full value before the defect is discovered he suffers no loss. Thus in the common case the occurrence of the loss and the discovery of the loss will coincide . . But the plaintiff cannot postpone the start of the limitation period by shutting his eyes to the obvious . . . In other words the cause of action accrues when the cracks become so bad and all the defects so obvious, that any reasonable home-owner would call in an expert. Since the defects would then be obvious to a potential buyer or his expert, that marks the moment when the market value of the building is depreciated and therefore the moment when economic loss occurs. Their Lordships do not think it is possible to define the moment more accurately. The measure of the loss will then be the cost of repairs if it is reasonable to repair, or the depreciation in the market value if it is not . . . This approach avoids almost all the practical and theoretical difficulties to which the academic commentators have drawn attention and which led to the rejection of Pirelli by the Supreme Court of Canada . . . The approach is consistent with the underlying principle that a cause of action accrues when, but not before, all the elements necessary to support the plaintiff’s claim are in existence. For in the case of a latent defect in a building the element of loss or damage which is necessary to support a claim for economic loss in tort does not exist so long as the market value of the house is unaffected. Whether or not it is right to describe an undiscoverable crack as damage, it clearly cannot affect the value of the building on the market. The existence of such a crack is thus irrelevant to the cause of action . . . Whether Pirelli should still be regarded as good law in England is not for their Lordships to say. What is clear is that it is not good law in New Zealand.

Judges:

Lord Browne-Wilkinson, Lord Keith of Kinkel, Lord Browne-Wilkinson, Lord Mustill, Lord Lloyd of Berwick, Sir Michael Hardie Boys

Citations:

Times 15-Feb-1996, 50 Con LR 105, [1996] AC 624, [1996] UKPC 56, 78 BLR 78, [1996] 1 NZLR 513, [1996] 1 All ER 756

Links:

Bailii

Citing:

Cited – Murphy v Brentwood District Council HL 26-Jul-1990
Anns v Merton Overruled
The claimant appellant was a house owner. He had bought the house from its builders. Those builders had employed civil engineers to design the foundations. That design was negligent. They had submitted the plans to the defendant Council for approval . .
Cited – Pirelli General Cable Works v Oscar Faber and Partners HL 2-Jan-1983
The plaintiff asked the defendant consulting engineer to design an extension to their factory in 1969. Not later than in April 1970, cracks developed in the chimney. In 1977 the cause of the damage was discovered. It arose from design faults in the . .

Cited by:

Cited – Abbott and Another v Will Gannon and Smith Ltd CA 2-Mar-2005
The claimant had employed the defendants to design refurbishment works for their hotel. The work was said to be negligent, and the claimant sought damages. The defendant argued as a preliminary point that the claim was time barred. The question was . .
Cited – W v W; J v Raewyn Bell PC 19-Jan-1999
PC (New Zealand) The claimants sught to recover exemplary damages from defendants convicted of criminal offences against them.
Held: There were differences in the system between New Zealand and the English . .
Lists of cited by and citing cases may be incomplete.

Commonwealth, Construction, Local Government, Negligence

Updated: 19 May 2022; Ref: scu.82411

Jacob and Youngs Inc v Kent: 1921

Court of Appeals of New York. A building contract specified that the plumbing should use a particular type of piping. In fact the builder used a different type of piping. Cardozo J. stated: ‘In the circumstances of this case, we think the measure of the allowance is not the cost of replacement, which would be great, but the difference in value, which would be either nominal or nothing . . It is true that in most cases the cost of replacement is the measure . . The owner is entitled to the money which will permit him to complete, unless the cost of completion is grossly and unfairly out of proportion to the good to be obtained. When that is true, the measure is the difference in value. Specifications call, let us say, for a foundation built of granite quarried in Vermont. On the completion of the building, the owner learns that through the blunder of a subcontractor part of the foundation has been built of granite of the same quality quarried in New Hampshire. The measure of allowance is not the cost of reconstruction. ‘There may be omissions of that which could not afterwards be supplied exactly as called for by the contract without taking down the building to its foundations, and at the same time the omission may not affect the value of the building for use or otherwise, except so slightly as to be hardly appreciable.’

Judges:

Cardoza J

Citations:

(1921) 230 NY 239

Cited by:

Cited – Ruxley Electronics and Construction Ltd v Forsyth HL 29-Jun-1995
Damages on Construction not as Agreed
The appellant had contracted to build a swimming pool for the respondent, but, after agreeing to alter the specification to construct it to a certain depth, in fact built it to the original lesser depth, Damages had been awarded to the house owner . .
Lists of cited by and citing cases may be incomplete.

Damages, Construction, International

Updated: 18 May 2022; Ref: scu.526102

Allied London and Scottish Properties Plc v Riverbrae Construction Ltd: OHCS 12 Nov 1999

An adjudicator who acts under the Scheme upon the written submission of the parties and without any oral hearing was not able to consider making an order for payment of the award by installments where neither party had raised that issue in their written submissions. He was not required by the scheme to consider such a procedure.

Citations:

Times 12-Nov-1999

Statutes:

Housing Grants Construction and Regeneration Act 1996 108

Construction, Scotland

Updated: 17 May 2022; Ref: scu.77760

Bovis Construction (Scotland) Ltd v Whatlings Construction Ltd: HL 19 Oct 1995

The managing contractors sought damages from a sub-contractor. The contract was on a printed form and in letters. A letter limited time related damages to pounds 100,000. The main contractors sought a much larger sum.
Held: A clause seeking to limit liability must be clear in what it restricts, and is to be read strictly. The sub-contractors had wholly failed to show that the clause could cover their repudiatory breach leading to a termination of the contract. Time was not relevant for this clause after the breach. Appeal dismissed.

Citations:

Gazette 24-Jan-1996, Times 19-Oct-1995, [1995] CLY 5569, 1995 SLT 1339

Jurisdiction:

England and Wales

Citing:

Applied – Ailsa Craig Fishing Co Ltd v Malvern Fishing Co Ltd HL 26-Nov-1981
Even though a shipowner who had carried cargo on deck was not entitled to rely on the exceptions to liability in his contract, a limitation clause was different and should not be construed by reference to the specially exacting standards applicable . .
Appeal from – Bovis Construction (Scotland) Ltd v Whatlings Construction Ltd OHCS 1994
Correspondence preceding a contract could be looked at to determine the circumstances in which a provision in the contract was intended to apply.
Lord President Hope said: ‘In my opinion the issue which has arisen between the parties in this . .
Lists of cited by and citing cases may be incomplete.

Contract, Construction, Scotland

Updated: 15 May 2022; Ref: scu.78513

Oswald v Countrywide Surveyors Ltd: 1996

The evidential burden of establishing betterment is on the defendant.

Citations:

(1996) 50 Con LR 1

Cited by:

Cited – Pegler Ltd v Wang (UK) Ltd TCC 25-Feb-2000
Standard Conract – Wide Exclusions, Apply 1977 Act
The claimant had acquired a computer system from the defendant, which had failed. It was admitted that the contract had been broken, and the court set out to decide the issue of damages.
Held: Even though Wang had been ready to amend one or . .
Lists of cited by and citing cases may be incomplete.

Construction, Damages

Updated: 14 May 2022; Ref: scu.238588

Scottish Special Housing Association v Wimpey Construction UK Ltd: HL 1986

The court acknowledged the practice in construction contracts making an express link between the liability imposed on the contractor, the specific aspect of such liability which iwas excluded and the existence of insurance (intended to benefit both contractor and employer) in respect of that excluded liability.

Citations:

[1986] 1 WLR 995, [1986] 2 All ER 957

Jurisdiction:

England and Wales

Cited by:

Cited – Scottish and Newcastle plc v GD Construction (St Albans) Ltd CA 22-Jan-2003
The employer and main contractor had contracted under the JCT conditions. The employer had been obliged to insure the property for fire in their joint names, but had not done so. After a fire caused by the negligence of a sub-contractor, he sued. . .
Lists of cited by and citing cases may be incomplete.

Construction

Updated: 12 May 2022; Ref: scu.181188