Rendlesham Estates plc v Barr Ltd

[2014] EWHC 3968 (TCC)

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.

Fakty

The claimant developer brought claims against the defendant builder for defective construction of residential properties, including structural defects and water ingress.

Podsumowanie orzeczenia

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.

Kluczowe cytaty

"The duty under section 1 of the 1972 Act is owed to every person who acquires an interest in the dwelling."
— Edwards-Stuart J

Późniejsze zastosowanie

Applied

Cited in subsequent building defect claims under the Defective Premises Act.