Hunt & Ors v Optima (Cambridge) Ltd & Ors [2013] EWHC 681 (TCC) (29 April 2013)

Hunt & Ors v Optima (Cambridge) Ltd & Ors [2013] EWHC 681 (TCC) (29 April 2013)

Optima (Cambridge) Limited was found liable for breach of contract and lease covenants by failing to construct and maintain Jubilee Mansions to the required standards, resulting in significant defects. Strutt & Parker and associated defendants were found liable in negligence for issuing certificates relied upon by purchasers, having failed to identify or report numerous material defects that should have been detected by a reasonably competent professional. Damages were awarded based on the reasonable cost of necessary remedial works to both individual flats and common parts.

Citation
[2013] EWHC 681 (TCC)
Parties
Claimant: Jonathan Paul Hunt and others; First Defendant: Optima (Cambridge) Limited; Second Defendant: Strutt & Parker (a firm); Third Defendant: Stephen Egford; Fourth Defendant: Strutt & Parker LLP
Jurisdiction
England and Wales
Judgment Date
29 April 2013
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim allowed in part
Legal Topics
Breach of Contract, Negligence, Professional Negligence, Building Defects, Landlord and Tenant Obligations, Misstatement, Damages
Property Law Contract Law Tort Law Construction Law Breach of Contract Negligence Professional Negligence Building Defects +3 more

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Parties

Jonathan Paul Hunt and others

Claimant

Optima (Cambridge) Limited

First Defendant

Strutt & Parker (a firm)

Second Defendant

Stephen Egford

Third Defendant

Strutt & Parker LLP

Fourth Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether Optima (Cambridge) Limited breached its contractual and leasehold obligations to the claimants regarding construction standards and repair of Jubilee Mansions.
  2. 2 Whether Strutt & Parker (and associated defendants) were negligent in their inspections and certifications, amounting to negligent misstatement or breach of duty.
  3. 3 Scope of damages and liability for remedial works to common parts and individual flats.

Ratio Decidendi

Optima (Cambridge) Limited was found liable for breach of contract and lease covenants by failing to construct and maintain Jubilee Mansions to the required standards, resulting in significant defects. Strutt & Parker and associated defendants were found liable in negligence for issuing certificates relied upon by purchasers, having failed to identify or report numerous material defects that should have been detected by a reasonably competent professional. Damages were awarded based on the reasonable cost of necessary remedial works to both individual flats and common parts.

Court Disposition

Claim allowed in part

Orders

  • Optima (Cambridge) Limited to pay damages to claimants for breach of contract and lease covenants.
  • Strutt & Parker and associated defendants to pay damages for professional negligence/negligent misstatement.