Perdita Martell v Grzegorz Roszkowski & Ors

Perdita Martell v Grzegorz Roszkowski & Ors

GSB breached the building contract by failing to use RC35 concrete and failing to design and install a suitable waterproofing system. MGA breached its contractual and tortious duties by failing to monitor compliance with specifications, failing to ensure concrete testing, and failing to advise Miss Martell to obtain specialist waterproofing advice. These breaches caused Miss Martell's losses. Miss Martell acted reasonably in her remedial actions and did not fail to mitigate her loss. She was not in repudiatory breach; GSB wrongfully terminated the contract. GSB's counterclaim for lost profit fails.

Parties
Claimant: Miss Perdita Martell; First Defendant: Mr Grzegorz Roszkowski; Second Defendant: Mr Slawomir Walczak; Third Defendant: Martin Gustyn & Associates Ltd
Jurisdiction
England and Wales
Judgment Date
17 April 2024
Procedural Posture
Civil (construction Dispute) / Judgment After Trial
Outcome
Claim allowed in part; counterclaim dismissed
Legal Topics
Breach of Contract, Duty of Care, Damages, Mitigation of Loss, Repudiatory Breach, Professional Duties, Remedial Works, Waterproofing Defects
Contract Law Tort Law Construction Law Professional Negligence Breach of Contract Duty of Care Damages Mitigation of Loss +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 9 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Miss Perdita Martell

Claimant

Mr Grzegorz Roszkowski

First Defendant

Mr Slawomir Walczak

Second Defendant

Martin Gustyn & Associates Ltd

Third Defendant

Procedural Posture

Civil (construction Dispute) / Judgment After Trial

Legal Issues

  1. 1 Whether GSB breached the building contract by failing to use RC35 concrete and failing to design/install a suitable waterproofing system
  2. 2 Whether MGA breached its contractual/tortious duties to monitor works and advise on waterproofing
  3. 3 Whether the breaches caused the losses claimed by Miss Martell

Ratio Decidendi

GSB breached the building contract by failing to use RC35 concrete and failing to design and install a suitable waterproofing system. MGA breached its contractual and tortious duties by failing to monitor compliance with specifications, failing to ensure concrete testing, and failing to advise Miss Martell to obtain specialist waterproofing advice. These breaches caused Miss Martell's losses. Miss Martell acted reasonably in her remedial actions and did not fail to mitigate her loss. She was not in repudiatory breach; GSB wrongfully terminated the contract. GSB's counterclaim for lost profit fails.

Court Disposition

Claim allowed in part; counterclaim dismissed

Orders

  • GSB and MGA are jointly and severally liable to Miss Martell for damages for breach of contract and duty of care.
  • GSB's counterclaim for lost profit is dismissed.