McGlinn v Waltham Contractors Ltd [2007] EWHC 149 (TCC) (21 February 2007)

McGlinn v Waltham Contractors Ltd [2007] EWHC 149 (TCC) (21 February 2007)

The court held that while there were defects in the design and construction of Maison d'Or attributable to breaches by the defendants, the claimant was not entitled to the cost of demolition and total rebuild, as this was disproportionate and unreasonable. Damages were limited to the reasonable cost of repair of the proven defects. The absence of proper records and the claimant's own conduct were relevant but did not absolve the defendants of liability for their breaches. The court assessed damages on a repair basis, not a rebuild basis.

Citation
[2007] EWHC 149 (TCC)
Parties
Claimant: Ian McGlinn; First Defendant: Waltham Contractors Ltd; Second Defendant: Huw Thomas Associates; Third Defendant: DJ Hartigan & Associates Ltd; Fourth Defendant: Wilson Large & Partners
Jurisdiction
England and Wales
Judgment Date
21 February 2007
Procedural Posture
Civil Construction/professional Negligence / High Court Trial Judgment
Outcome
Claim partly allowed
Legal Topics
Breach of Contract, Negligence by Construction Professionals, Assessment of Damages, Causation, Standard of Care in Design and Construction, Remedies for Defective Works
Construction Law Professional Negligence Contract Law Breach of Contract Negligence by Construction Professionals Assessment of Damages Causation Standard of Care in Design and Construction +1 more

Case Brief

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Parties

Ian McGlinn

Claimant

Waltham Contractors Ltd

First Defendant

Huw Thomas Associates

Second Defendant

DJ Hartigan & Associates Ltd

Third Defendant

Wilson Large & Partners

Fourth Defendant

Procedural Posture

Civil Construction/professional Negligence / High Court Trial Judgment

Legal Issues

  1. 1 Whether the defendants breached contractual and/or tortious duties in the design, construction, and management of Maison d'Or.
  2. 2 Whether the claimant was entitled to demolish the property and claim damages for total rebuild or only for repair.
  3. 3 Assessment of the standard of care and contractual obligations of each defendant.

Ratio Decidendi

The court held that while there were defects in the design and construction of Maison d'Or attributable to breaches by the defendants, the claimant was not entitled to the cost of demolition and total rebuild, as this was disproportionate and unreasonable. Damages were limited to the reasonable cost of repair of the proven defects. The absence of proper records and the claimant's own conduct were relevant but did not absolve the defendants of liability for their breaches. The court assessed damages on a repair basis, not a rebuild basis.

Court Disposition

Claim partly allowed

Orders

  • Damages awarded to the claimant limited to the reasonable cost of repair of proven defects, not the cost of demolition and rebuild.
  • Specific quantum to be assessed per itemized schedule against each defendant.