Ratio Decidendi
A builder owes a duty under the Defective Premises Act 1972 to ensure dwellings are fit for habitation when completed, and this duty cannot be excluded by contract.
ਤੱਥ
The claimant developer brought claims against the defendant builder for defective construction of residential properties, including structural defects and water ingress.
ਫੈਸਲੇ ਦਾ ਸਾਰ
The court held that the duty under s.1 Defective Premises Act 1972 is non-excludable and applies to the builder in addition to any contractual obligations. The builder was liable for the cost of remedial works.
ਮੁੱਖ ਹਵਾਲੇ
"The duty under section 1 of the 1972 Act is owed to every person who acquires an interest in the dwelling."
— Edwards-Stuart J
ਬਾਅਦ ਦਾ ਇਲਾਜ
Applied
Cited in subsequent building defect claims under the Defective Premises Act.