Bole & Anor v Huntsbuild Ltd & Anor

Bole & Anor v Huntsbuild Ltd & Anor

Both Huntsbuild and RMA breached their respective duties under contract and the DPA by failing to ensure adequate foundation depths in accordance with NHBC standards, resulting in heave and widespread, ongoing structural damage that rendered the house unfit for habitation as built. The only appropriate remedy is the installation of a piled raft foundation, and the Claimants are entitled to recover the full cost of this remedial scheme plus general damages for distress.

Parties
Claimant: Mr Alexander John McMinn Bole; Claimant: Miss Stefanie Van Den Haak; First Defendant/part 20 Claimant: Huntsbuild Limited; Second Defendant/part 20 Defendant: Richard Money (t/a Richard Money Associates)
Jurisdiction
England and Wales
Judgment Date
13 March 2009
Procedural Posture
Civil / Judgment After Trial
Outcome
Judgment for the Claimants against both Defendants
Legal Topics
Defective Premises Act 1972, Breach of Contract, Professional Negligence, Damages, Fitness for Habitation
Construction Law Contract Law Tort Law Defective Premises Act 1972 Breach of Contract Professional Negligence Damages Fitness for Habitation

Case Brief

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Parties

Mr Alexander John McMinn Bole

Claimant

Miss Stefanie Van Den Haak

Claimant

Huntsbuild Limited

First Defendant/part 20 Claimant

Richard Money (t/a Richard Money Associates)

Second Defendant/part 20 Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 Whether Huntsbuild was in breach of contract or the Defective Premises Act 1972 (DPA)
  2. 2 Whether RMA carried out its work in a professional manner under section 1 of the DPA
  3. 3 Whether the property was fit for habitation within section 1 of the DPA

Ratio Decidendi

Both Huntsbuild and RMA breached their respective duties under contract and the DPA by failing to ensure adequate foundation depths in accordance with NHBC standards, resulting in heave and widespread, ongoing structural damage that rendered the house unfit for habitation as built. The only appropriate remedy is the installation of a piled raft foundation, and the Claimants are entitled to recover the full cost of this remedial scheme plus general damages for distress.

Court Disposition

Judgment for the Claimants against both Defendants

Orders

  • Defendants to pay the Claimants £218,616.91 plus interest
  • General damages for distress agreed at £4,500