Brenda Vainker & Anor v Marbank Construction Limited & Ors

Brenda Vainker & Anor v Marbank Construction Limited & Ors

The court found Marbank liable in contract for numerous defects, including brickwork, glass balustrades, and other workmanship issues, and SCd liable under the Defective Premises Act 1972 for failing to identify the use of non-laminated glass, which rendered the house unfit for habitation. Most claims against SCd in contract and tort were time-barred. Damages were awarded for remedial works, alternative accommodation, and distress, with deductions for sums already settled. Claims for defects not supported by evidence or not instructed as variations were dismissed. Contribution between defendants was deferred for further submissions.

Parties
Claimant: Brenda Vainker; Claimant: Francois Vainker; First Defendant: Marbank Construction Limited; Second Defendant: Mercer & Miller (a firm); Third Defendant: SCd Architects Limited
Jurisdiction
England and Wales
Judgment Date
25 March 2024
Procedural Posture
Civil Construction Dispute / Final Judgment After Full Trial
Outcome
Partially allowed. Judgment for the claimants against Marbank and SCd in respect of certain defects and damages; other claims dismissed or time-barred. Counterclaim by Marbank partially allowed for final account balance.
Legal Topics
Defective Premises Act 1972, Limitation of Actions, Damages for Defective Works, Architects' Duties, Contractor's Duties, Remedial Works, Mitigation of Loss, Contribution and Apportionment
Construction Law Contract Law Tort Law Professional Negligence Defective Premises Act 1972 Limitation of Actions Damages for Defective Works Architects' Duties +4 more

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Parties

Brenda Vainker

Claimant

Francois Vainker

Claimant

Marbank Construction Limited

First Defendant

Mercer & Miller (a firm)

Second Defendant

SCd Architects Limited

Third Defendant

Procedural Posture

Civil Construction Dispute / Final Judgment After Full Trial

Legal Issues

  1. 1 Whether the defendants are liable for defects in the construction and design of a residential property under contract, tort, and the Defective Premises Act 1972; Whether claims are time-barred; The appropriate measure and scope of damages; The effect of settlement agreements and contribution between parties.

Ratio Decidendi

The court found Marbank liable in contract for numerous defects, including brickwork, glass balustrades, and other workmanship issues, and SCd liable under the Defective Premises Act 1972 for failing to identify the use of non-laminated glass, which rendered the house unfit for habitation. Most claims against SCd in contract and tort were time-barred. Damages were awarded for remedial works, alternative accommodation, and distress, with deductions for sums already settled. Claims for defects not supported by evidence or not instructed as variations were dismissed. Contribution between defendants was deferred for further submissions.

Court Disposition

Partially allowed. Judgment for the claimants against Marbank and SCd in respect of certain defects and damages; other claims dismissed or time-barred. Counterclaim by Marbank partially allowed for final account balance.

Orders

  • Damages awarded to Mrs Vainker for remedial works, alternative accommodation, and distress, subject to deductions for settlements.
  • Marbank to pay damages for defective works as specified; SCd to pay damages under the DPA for glass defects only.