Architects and engineers cleared of professional negligence claims due to plaintiffs’ delay

By: Decisis

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High Court dismisses the plaintiffs' professional negligence claims against the architects and engineers involved in a construction project due to inordinate and inexcusable delays in prosecution, the court finding that the plaintiffs failed to advance their case within a reasonable timeframe, resulting in prejudice against the defendants.

Professional negligence - construction project - architects - engineers - inordinate delay - inexcusable delay - dismissal of claims - inherent jurisdiction - balance of justice - prejudice - Primor test - Rules of the Superior Courts (RSC 1986) - memory recall - witness availability - documentation loss - indemnity notice - High Court - inherent jurisdiction - procedural delays.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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