Ioannis Mallas v Persimmon Homes Limited & Anor

Ioannis Mallas v Persimmon Homes Limited & Anor

The Defendant breached Clause 1 of the Contract and s.1(1) DPA 1977 by providing inadequate foundations, rendering the property unfit for human habitation. The appropriate measure of damages is the cost of underpinning the house and garage with a piled raft, plus reasonable costs for repairs, alternative accommodation, and aggravated damages. Demolition and rebuilding of the superstructure is not justified as there is no evidence of latent structural damage that cannot be remedied by local repairs.

Parties
Claimant: Mr Ioannis Mallas; Defendant: Persimmon Homes Limited; Third Party: Simpson Associates Consulting Engineers LLP
Jurisdiction
England and Wales
Judgment Date
14 October 2025
Procedural Posture
Civil / Judgment
Outcome
Claimant succeeds in part; Defendant found liable for breach of contract and DPA 1977; damages awarded based on remedial underpinning scheme with additional losses.
Legal Topics
Defective Premises, Breach of Contract, Damages, Remedial Works, Fit for Human Habitation, Building Regulations, Professional Negligence
Contract Law Construction Law Tort Law Defective Premises Breach of Contract Damages Remedial Works Fit for Human Habitation +2 more

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Parties

Mr Ioannis Mallas

Claimant

Persimmon Homes Limited

Defendant

Simpson Associates Consulting Engineers LLP

Third Party

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Defendant breached Clause 1 of the Contract by providing inadequate foundations
  2. 2 Whether the Defendant breached section 1 of the Defective Premises Act 1977
  3. 3 Appropriate measure and quantum of damages for defective premises

Ratio Decidendi

The Defendant breached Clause 1 of the Contract and s.1(1) DPA 1977 by providing inadequate foundations, rendering the property unfit for human habitation. The appropriate measure of damages is the cost of underpinning the house and garage with a piled raft, plus reasonable costs for repairs, alternative accommodation, and aggravated damages. Demolition and rebuilding of the superstructure is not justified as there is no evidence of latent structural damage that cannot be remedied by local repairs.

Court Disposition

Claimant succeeds in part; Defendant found liable for breach of contract and DPA 1977; damages awarded based on remedial underpinning scheme with additional losses.

Orders

  • Defendant to pay damages provisionally quantified at £423,243 inclusive of VAT and additional losses, subject to final calculation and order.
  • Defendant to carry out remedial works including underpinning of house and garage with piled raft, repairs to superstructure, porch, footpath, and retaining wall.