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High Court orders that damages are recoverable against an architectural technician who certified the quality of a newly constructed dwelling house and stated it complied substantially with all of the applicable Building Regulations, a construction which was later found to have defective foundations laid in unsuitable ground and required extensive remedial works, on the grounds that it was fair and reasonable to impose a duty of care, and compensation within reason could be claimed.
Construction law – damages – whether or not the plaintiffs are entitled to recover damages from the second named defendant for economic loss in relation to a negligently constructed dwelling-house – claim against architectural technician – foundations were in fact unusually defective and that they were laid in unsuitable ground – whether damages for pure economic loss can be recovered in a negligence action – second named defendant stated that in his opinion the construction of the house complied substantially with all of the applicable Building Regulations – whether it is reasonable that the plaintiffs should be compensated for the loss arising from defects that should have been uncovered by the defendant – duty of care – damages for economic loss are recoverable – McGregor on Damages (13th ed., 1972) – damages to cover very extensive works in order to correct the tilt is excessive and unreasonable – damages awarded in sum of €240,000.
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