Case law and construction: Knowledge hub - Revision history

Designing Buildings at 08:51, 3 September 2025

2025-09-03T08:51:22Z

← Older revision		Revision as of 08:51, 3 September 2025
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	= Key articles about Case law and construction =		= Key articles about Case law and construction =

−	General background to case law:	+	Below is a list of the most widely-read and important articles about case law on Designing Buildings:
		+
		+	== General background to case law: ==

	* [[Alternative_dispute_resolution_for_construction_ADR\|Alternative dispute resolution]]. Cases shaping ADR in industry conflicts.		* [[Alternative_dispute_resolution_for_construction_ADR\|Alternative dispute resolution]]. Cases shaping ADR in industry conflicts.
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	* [[Trespass\|Trespass]]. Interference of a person’s right to the security of their body, property or land.		* [[Trespass\|Trespass]]. Interference of a person’s right to the security of their body, property or land.

−	Key cases:	+	== Key cases: ==

	* [[199_Knightsbridge_Development_Ltd_v_WSP_UK_Ltd\|199 Knightsbridge Development Ltd v WSP UK Ltd]]. Court found WSP’s negligence didn’t cause loss to Knightsbridge despite inadequate design oversight.		* [[199_Knightsbridge_Development_Ltd_v_WSP_UK_Ltd\|199 Knightsbridge Development Ltd v WSP UK Ltd]]. Court found WSP’s negligence didn’t cause loss to Knightsbridge despite inadequate design oversight.

Designing Buildings at 05:28, 25 August 2025

2025-08-25T05:28:51Z

← Older revision		Revision as of 05:28, 25 August 2025
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	-----		-----
−	This ~~[https://www.designingbuildings.co.uk/wiki/Works work]~~ is openly licensed via [https://creativecommons.org/licenses/by/4.0/ CC BY 4.0].	+	This web page is openly licensed via [https://creativecommons.org/licenses/by/4.0/ CC BY 4.0].

−	[[Category:Do_not_autolink]]	+	[[Category:DCN_Collection]] [[Category:DCN_Guidance]] [[Category:Do_not_autolink]] [[Category:Case_law]]

Designing Buildings at 08:53, 21 August 2025

2025-08-21T08:53:28Z

← Older revision		Revision as of 08:53, 21 August 2025
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	There are more than 250 articles about case law on Designing Buildings. [https://www.designingbuildings.co.uk/wiki/Category:Roles_/_services A] [https://www.designingbuildings.co.uk/wiki/Category:Case_law full index is available here.]		There are more than 250 articles about case law on Designing Buildings. [https://www.designingbuildings.co.uk/wiki/Category:Roles_/_services A] [https://www.designingbuildings.co.uk/wiki/Category:Case_law full index is available here.]
		+
		+	[[Construction_knowledge_hubs\|You can access our other subject-specific knowledge hubs here]].

	= Stay up-to-date =		= Stay up-to-date =

Designing Buildings at 08:50, 18 August 2025

2025-08-18T08:50:30Z

← Older revision		Revision as of 08:50, 18 August 2025
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	* [[Liquidated_damages\|Liquidated damages]]. Judicial scrutiny of pre-agreed compensation clauses.		* [[Liquidated_damages\|Liquidated damages]]. Judicial scrutiny of pre-agreed compensation clauses.
	* [[Loss_and_expense\|Loss and expense]]. Legal parameters for recovery of extra costs.		* [[Loss_and_expense\|Loss and expense]]. Legal parameters for recovery of extra costs.
		+	* [[Negligence\|Negligence]]. A breach of a duty to take care.
		+	* [[Nuisance\|Nuisance]]. Unreasonable interference with another party’s use of land.
	* [[Termination_in_construction_contracts\|Termination]]. Case law guiding valid contract terminations.		* [[Termination_in_construction_contracts\|Termination]]. Case law guiding valid contract terminations.
		+	* [[Contract_vs_tort\|Tort]]. A collection of civil law remedies.
		+	* [[Trespass\|Trespass]]. Interference of a person’s right to the security of their body, property or land.

	Key cases:		Key cases:

Designing Buildings at 08:46, 18 August 2025

2025-08-18T08:46:48Z

Designing Buildings at 08:44, 18 August 2025

2025-08-18T08:44:14Z

← Older revision		Revision as of 08:44, 18 August 2025
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	General background to case law:		General background to case law:

−	* Alternative dispute resolution – Cases shaping ADR in industry conflicts	+	* [[Alternative_dispute_resolution_for_construction_ADR\|Alternative dispute resolution]] – Cases shaping ADR in industry conflicts.
−	* Best endeavours v reasonable endeavours – Distinction between high and moderate performance obligations	+	* [[Best_endeavours_v_reasonable_endeavours\|Best endeavours v reasonable endeavours]] – Distinction between high and moderate performance obligations.
−	* [[Breach_of_contract\|Breach of contract]] – Legal consequences when parties fail to meet contractual obligations	+	* [[Breach_of_contract\|Breach of contract]] – Legal consequences when parties fail to meet contractual obligations.
	* [https://www.designingbuildings.co.uk/wiki/Category:Case_law Case law] – Overview and library of landmark construction cases.		* [https://www.designingbuildings.co.uk/wiki/Category:Case_law Case law] – Overview and library of landmark construction cases.
−	* Civil procedure rules – Procedural law shaping litigation delivery	+	* [[Civil_procedure_rules\|Civil procedure rules]] – Procedural law shaping litigation delivery.
	* [[Common_law\|Common law]] – How judge-made law shapes construction duties and rights.		* [[Common_law\|Common law]] – How judge-made law shapes construction duties and rights.
−	* Concurrent delay – Cases addressing overlapping delays and responsibility	+	* [[Concurrent_delay\|Concurrent delay]] – Cases addressing overlapping delays and responsibility.
−	* Consequential losses – Jurisprudence on secondary loss recoveries	+	* [[Consequential_losses\|Consequential losses]] – Jurisprudence on secondary loss recoveries.
−	* Construction Act – Principal judgments under the UK Construction Act	+	* [[Construction_act\|Construction Act]] – Principal judgments under the UK Construction Act.
−	* Construction contract – Legal structure, rights, and obligations under standard agreements	+	* [[Construction_contract\|Construction contract]] – Legal structure, rights, and obligations under standard agreements.
−	* Construction law – Broad sector view of legal matters in the industry	+	* [[Construction_law\|Construction law]] – Broad sector view of legal matters in the industry.
−	* Construction litigation – How disputes are resolved via adjudication, arbitration, or court	+	* [[Construction_litigation\|Construction litigation]] – How disputes are resolved via adjudication, arbitration, or court.
−	* Contract claims – Case law on mechanism and validity of claims	+	* [[Contract_claims\|Contract claims]] – Case law on mechanism and validity of claims.
−	* Defects – Legal treatment of building defects and remediation orders	+	* [[Defects\|Defects]] – Legal treatment of building defects and remediation orders.
−	* Determination in construction contracts – When and how contract termination or suspension applies	+	* [[Determination_in_construction_contracts\|Determination in construction contracts]] – When and how contract termination or suspension applies.
−	* ~~Dispute resolution boards – Precedents on DRB effectiveness in mega-projects~~	+	* [[Express_and_implied_terms_in_construction_contracts\|Express and implied terms in construction contracts]] – Difference between drafted and implied provisions.
−	* Dutton v Bognor Regis UDC and Another – Council held negligent for certifying defective foundations	+	* [[Extension_of_time\|Extension of time]] – Jurisprudence on granting extra time for delays.
−	* Express and implied terms in construction contracts – Difference between drafted and implied provisions	+	* [[Fair_payment_practices\|Fair payment practices]] – Case law backing payment regulations.
−	* Extension of time – Jurisprudence on granting extra time for delays	+	* [[Frustration_in_construction_contracts\|Frustration]] – Case law defining when contracts end unexpectedly.
−	* Fair payment practices – Case law backing payment regulations	+	* [[Injunction\|Injunction]] – Courts’ power to prevent or enforce action in construction disputes.
−	* Frustration ~~(law)~~ – Case law defining when contracts end unexpectedly	+	* [[Legal_action\|Legal action]] – Describes when parties initiate judicial proceedings and the common use of ADR in construction.
−	* Injunction – Courts’ power to prevent or enforce action in construction disputes	+	* [[Legal_agreement\|Legal agreement]] – Types and enforceability of legal contracts in construction.
−	* Legal action – Describes when parties initiate judicial proceedings and the common use of ADR in construction.	+	* [[Legal_and_equitable_assignment\|Legal and equitable assignment]] – Differentiates between types of assignments in legal history and equity.
−	* Legal agreement – Types and enforceability of legal contracts in construction	+	* [[Liquidated_damages\|Liquidated damages]] – Judicial scrutiny of pre-agreed compensation clauses.
−	* Legal and equitable assignment – Differentiates between types of assignments in legal history and equity.	+	* [[Loss_and_expense\|Loss and expense]] – Legal parameters for recovery of extra costs.
−	* Liquidated damages – Judicial scrutiny of pre-agreed compensation clauses	+	* [[Termination_in_construction_contracts\|Termination]] – Case law guiding valid contract terminations.
−	* Loss and expense – Legal parameters for recovery of extra costs	+
−	* Repudiatory breach in construction contracts – When fundamental breach permits termination	+
−	* Scott schedule – Explains the document listing claims from both claimant and respondent, commonly used in adjudications.	+
−	* Termination – Case law guiding valid contract terminations	+

	Key cases:		Key cases:

Designing Buildings at 08:38, 18 August 2025

2025-08-18T08:38:49Z

← Older revision		Revision as of 08:38, 18 August 2025
Line 18:		Line 18:
	General background to case law:		General background to case law:

		+	* Alternative dispute resolution – Cases shaping ADR in industry conflicts
		+	* Best endeavours v reasonable endeavours – Distinction between high and moderate performance obligations
		+	* [[Breach_of_contract\|Breach of contract]] – Legal consequences when parties fail to meet contractual obligations
	* [https://www.designingbuildings.co.uk/wiki/Category:Case_law Case law] – Overview and library of landmark construction cases.		* [https://www.designingbuildings.co.uk/wiki/Category:Case_law Case law] – Overview and library of landmark construction cases.
		+	* Civil procedure rules – Procedural law shaping litigation delivery
	* [[Common_law\|Common law]] – How judge-made law shapes construction duties and rights.		* [[Common_law\|Common law]] – How judge-made law shapes construction duties and rights.
−	* ~~[[Breach_of_contract\|Breach of contract]]~~ – ~~Legal consequences when parties fail to meet contractual obligations~~	+	* Concurrent delay – Cases addressing overlapping delays and responsibility
−	* ~~Best endeavours v reasonable endeavours~~ – ~~Distinction between high and moderate performance obligations~~	+	* Consequential losses – Jurisprudence on secondary loss recoveries
−	* ~~Express and implied terms in construction contracts~~ – ~~Difference between drafted and implied provisions~~	+	* Construction Act – Principal judgments under the UK Construction Act
−	* ~~Determination in construction contracts~~ – ~~When~~ and ~~how contract termination or suspension applies~~	+	* Construction contract – Legal structure, rights, and obligations under standard agreements
	* Construction law – Broad sector view of legal matters in the industry		* Construction law – Broad sector view of legal matters in the industry
	* Construction litigation – How disputes are resolved via adjudication, arbitration, or court		* Construction litigation – How disputes are resolved via adjudication, arbitration, or court
−	* ~~Construction contract~~ – ~~Legal structure, rights,~~ and ~~obligations under standard agreements~~	+	* Contract claims – Case law on mechanism and validity of claims
−	* ~~Legal agreement~~ – ~~Types and enforceability~~ of ~~legal contracts~~ in construction	+	* Defects – Legal treatment of building defects and remediation orders
		+	* Determination in construction contracts – When and how contract termination or suspension applies
		+	* Dispute resolution boards – Precedents on DRB effectiveness in mega-projects
	* Dutton v Bognor Regis UDC and Another – Council held negligent for certifying defective foundations		* Dutton v Bognor Regis UDC and Another – Council held negligent for certifying defective foundations
		+	* Express and implied terms in construction contracts – Difference between drafted and implied provisions
		+	* Extension of time – Jurisprudence on granting extra time for delays
		+	* Fair payment practices – Case law backing payment regulations
	* Frustration (law) – Case law defining when contracts end unexpectedly		* Frustration (law) – Case law defining when contracts end unexpectedly
		+	* Injunction – Courts’ power to prevent or enforce action in construction disputes
		+	* Legal action – Describes when parties initiate judicial proceedings and the common use of ADR in construction.
		+	* Legal agreement – Types and enforceability of legal contracts in construction
		+	* Legal and equitable assignment – Differentiates between types of assignments in legal history and equity.
	* Liquidated damages – Judicial scrutiny of pre-agreed compensation clauses		* Liquidated damages – Judicial scrutiny of pre-agreed compensation clauses
−	* ~~Concurrent delay~~ – ~~Cases addressing overlapping delays and responsibility~~	+	* Loss and expense – Legal parameters for recovery of extra costs
−	* Extension of ~~time – Jurisprudence on granting~~ extra ~~time for delays~~	+
	* Repudiatory breach in construction contracts – When fundamental breach permits termination		* Repudiatory breach in construction contracts – When fundamental breach permits termination
		+	* Scott schedule – Explains the document listing claims from both claimant and respondent, commonly used in adjudications.
	* Termination – Case law guiding valid contract terminations		* Termination – Case law guiding valid contract terminations
−	* Loss and expense – Legal parameters for recovery of extra costs
−	* Injunction – Courts’ power to prevent or enforce action in construction disputes
−	* Alternative dispute resolution – Cases shaping ADR in industry conflicts
−	* Dispute resolution boards – Precedents on DRB effectiveness in mega-projects
−	* Contract claims – Case law on mechanism and validity of claims
−	* Consequential losses – Jurisprudence on secondary loss recoveries
−	* Civil procedure rules – Procedural law shaping litigation delivery
−	* Fair payment practices – Case law backing payment regulations
−	* Construction Act – Principal judgments under the UK Construction Act
−	* Defects – Legal treatment of building defects and remediation orders

	Key cases:		Key cases:
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	* [[Development_of_the_law_of_negligence_1932_to_1988#Anns_v_Merton_London_Borough_Council\|Anns v Merton London Borough Council]]. Expanded duty of care owed by authorities to building users.		* [[Development_of_the_law_of_negligence_1932_to_1988#Anns_v_Merton_London_Borough_Council\|Anns v Merton London Borough Council]]. Expanded duty of care owed by authorities to building users.
	* [[Development_of_the_law_of_negligence_1932_to_1988#Curran_and_Another_v_Northern_Ireland_Co_Ownership_Housing_Association_Ltd_and_Another\|Curran and Another v Northern Ireland Co Ownership Housing Association Ltd and Another]]. Concerned defective building work and the scope of negligent liability.		* [[Development_of_the_law_of_negligence_1932_to_1988#Curran_and_Another_v_Northern_Ireland_Co_Ownership_Housing_Association_Ltd_and_Another\|Curran and Another v Northern Ireland Co Ownership Housing Association Ltd and Another]]. Concerned defective building work and the scope of negligent liability.
−	* [[D~~&F_Estates_Limited_and_Others_v_Church_Commissioners_for_England_and_others~~\|D&F Estates Limited and Others v Church Commissioners for England and others]]. Explored the boundary between contract and tort when seeking recovery for latent defects.	+	* [[D%26F_Estates_Limited_and_Others_v_Church_Commissioners_for_England_and_others\|D&F Estates Limited and Others v Church Commissioners for England and others]]. Explored the boundary between contract and tort when seeking recovery for latent defects.
	* [[Donoghue_v_Stevenson\|Donoghue v Stevenson]]. Established the modern concept of negligence and duty of care.		* [[Donoghue_v_Stevenson\|Donoghue v Stevenson]]. Established the modern concept of negligence and duty of care.
	* [[Dutton_v_Bognor_Regis_UDC_and_Another\|Dutton v Bognor Regis UDC and Another]]. Addressed local authority liability for construction defects.		* [[Dutton_v_Bognor_Regis_UDC_and_Another\|Dutton v Bognor Regis UDC and Another]]. Addressed local authority liability for construction defects.
	* [[Gable_House_Estates_Ltd_v_The_Halpern_Partnership_and_Another\|Gable House Estates Ltd v The Halpern Partnership and Another]]. Confirmed concurrent liability in tort alongside contractual claims where professional advice is used.		* [[Gable_House_Estates_Ltd_v_The_Halpern_Partnership_and_Another\|Gable House Estates Ltd v The Halpern Partnership and Another]]. Confirmed concurrent liability in tort alongside contractual claims where professional advice is used.
−	* [[Governors_of_the_Peabody_Donation_Fund_v_Sir_Lindsay_Parkinson_~~&_Co_Ltd~~\|Governors of the Peabody Donation Fund v Sir Lindsay Parkinson & Co Ltd]]. Examined responsibility for construction defects in residential buildings.	+	* [[Governors_of_the_Peabody_Donation_Fund_v_Sir_Lindsay_Parkinson_%26_Co_Ltd\|Governors of the Peabody Donation Fund v Sir Lindsay Parkinson & Co Ltd]]. Examined responsibility for construction defects in residential buildings.
−	* [[Hamsard_3147_Limited_~~&_others_v_Boots_UK_Limited~~\|Hamsard 3147 Limited & others v Boots UK Limited]]. Highlighted importance of clear written contract terms, particularly around termination notice.	+	* [[Hamsard_3147_Limited_%26_others_v_Boots_UK_Limited\|Hamsard 3147 Limited & others v Boots UK Limited]]. Highlighted importance of clear written contract terms, particularly around termination notice.
−	* [[Hedley_Byrne_~~&_Co_Ltd_v_Heller_&_Partners_Ltd~~\|Hedley Byrne & Co Ltd v Heller & Partners Ltd]]. Introduced liability for negligent misstatements giving rise to financial loss.	+	* [[Hedley_Byrne_%26_Co_Ltd_v_Heller_%26_Partners_Ltd\|Hedley Byrne & Co Ltd v Heller & Partners Ltd]]. Introduced liability for negligent misstatements giving rise to financial loss.
	* [[Henderson_and_Others_v_Merrett_Syndicates_Ltd_and_Others\|Henderson and Others v Merrett Syndicates Ltd and Others]] Established when pure economic loss is recoverable in negligent misstatements.		* [[Henderson_and_Others_v_Merrett_Syndicates_Ltd_and_Others\|Henderson and Others v Merrett Syndicates Ltd and Others]] Established when pure economic loss is recoverable in negligent misstatements.
	* [[Junior_Books_Ltd_v_Veitchi_Co_Ltd\|Junior Books Ltd v Veitchi Co Ltd]]. Held a contractor owed a duty of care—even absent contract—to a company they weren't in a direct contract with.		* [[Junior_Books_Ltd_v_Veitchi_Co_Ltd\|Junior Books Ltd v Veitchi Co Ltd]]. Held a contractor owed a duty of care—even absent contract—to a company they weren't in a direct contract with.
−	* [[Leigh_~~&_Sillivan_Ltd_v_Aliakmon_Shipping_Co_Ltd~~\|Leigh & Sullivan Ltd v Aliakmon Shipping Co Ltd]]. Contributed to understanding limits of liability in damages and contractual liability.	+	* [[Leigh_%26_Sillivan_Ltd_v_Aliakmon_Shipping_Co_Ltd\|Leigh & Sullivan Ltd v Aliakmon Shipping Co Ltd]]. Contributed to understanding limits of liability in damages and contractual liability.
	* [[Liberty_Mercian_Limited_v_Cuddy_Civil_Engineering_Limited_and_others\|Liberty Mercian Limited v Cuddy Civil Engineering Limited and others]]. Related to adjudication, collateral warranties, and use of third-party rights.		* [[Liberty_Mercian_Limited_v_Cuddy_Civil_Engineering_Limited_and_others\|Liberty Mercian Limited v Cuddy Civil Engineering Limited and others]]. Related to adjudication, collateral warranties, and use of third-party rights.
	* [[Muirhead_v_Industrial_Tank_Specialists_Ltd\|Muirhead v Industrial Tank Specialists Ltd]]. Dealt with professional liability for defective design or advice.		* [[Muirhead_v_Industrial_Tank_Specialists_Ltd\|Muirhead v Industrial Tank Specialists Ltd]]. Dealt with professional liability for defective design or advice.
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	* [[Parkwood_Leisure_Limited_v_Laing\|Parkwood Leisure Limited v Laing]]. Determined that certain collateral warranties fell within the scope of the Housing Grants, Construction and Regeneration Act, enabling adjudication.		* [[Parkwood_Leisure_Limited_v_Laing\|Parkwood Leisure Limited v Laing]]. Determined that certain collateral warranties fell within the scope of the Housing Grants, Construction and Regeneration Act, enabling adjudication.
	* [[TSG_Building_Services_Plc_v_South_Anglia_Housing_Limited\|TSG Building Services Plc v South Anglia Housing Limited]]. Addressed duty to warn and obligations under contracts in construction services.		* [[TSG_Building_Services_Plc_v_South_Anglia_Housing_Limited\|TSG Building Services Plc v South Anglia Housing Limited]]. Addressed duty to warn and obligations under contracts in construction services.
−	* [[Westshield_Civil_Engineering_Ltd_and_Westshield_Ltd_v_Buckingham_Group_Contracting_Ltd\|Westshield Civil Engineering Ltd and Westshield Ltd v Buckingham Group Contracting Lt]]d. Involved dispute resolution through adjudication and final account settlements.	+	* [[Westshield_Civil_Engineering_Ltd_and_Westshield_Ltd_v_Buckingham_Group_Contracting_Ltd\|Westshield Civil Engineering Ltd and Westshield Ltd v Buckingham Group Contracting Ltd]]. Involved dispute resolution through adjudication and final account settlements.
	* [[White_v_Jones\|White v Jones]]. Found a solicitor liable in tort to intended beneficiaries of a will for negligent failure to act.		* [[White_v_Jones\|White v Jones]]. Found a solicitor liable in tort to intended beneficiaries of a will for negligent failure to act.

Designing Buildings at 08:26, 18 August 2025

2025-08-18T08:26:33Z

Designing Buildings at 08:21, 18 August 2025

2025-08-18T08:21:04Z

← Older revision		Revision as of 08:21, 18 August 2025
Line 48:		Line 48:
	Key cases:		Key cases:

		+	* [[199_Knightsbridge_Development_Ltd_v_WSP_UK_Ltd\|199 Knightsbridge Development Ltd v WSP UK Ltd]] – Court found WSP’s negligence didn’t cause loss to Knightsbridge despite inadequate design oversight.
		+	* [[Development_of_the_law_of_negligence_1932_to_1988#Anns_v_Merton_London_Borough_Council\|Anns v Merton London Borough Council]] – Expanded duty of care owed by authorities to building users.
		+	* Curran and Another v Northern Ireland Co Ownership Housing Association Ltd and Another – Concerned defective building work and the scope of negligent liability.
		+	* D&F Estates Limited and Others v Church Commissioners for England and others – Explored the boundary between contract and tort when seeking recovery for latent defects.
	* Donoghue v Stevenson – Established the modern concept of negligence and duty of care.		* Donoghue v Stevenson – Established the modern concept of negligence and duty of care.
−	* Hedley Byrne & Co Ltd v Heller & Partners Ltd – Introduced liability for negligent misstatements giving rise to financial loss.
	* Dutton v Bognor Regis UDC and Another – Addressed local authority liability for construction defects.		* Dutton v Bognor Regis UDC and Another – Addressed local authority liability for construction defects.
−	* ~~Anns v Merton London Borough Council – Expanded duty of care owed by authorities to building users.~~	+	* Gable House Estates Ltd v The Halpern Partnership and Another – Confirmed concurrent liability in tort alongside contractual claims where professional advice is used.
−	* Junior Books Ltd v ~~Veitchi Co Ltd~~ – ~~Held a contractor owed a duty of care—even absent contract—to a company they weren't~~ in ~~a direct contract with~~.	+
	* Governors of the Peabody Donation Fund v Sir Lindsay Parkinson & Co Ltd – Examined responsibility for construction defects in residential buildings.		* Governors of the Peabody Donation Fund v Sir Lindsay Parkinson & Co Ltd – Examined responsibility for construction defects in residential buildings.
−	* ~~Muirhead~~ v ~~Industrial Tank Specialists~~ Ltd – ~~Dealt with professional~~ liability for ~~defective design or advice~~.	+	* Hamsard 3147 Limited & others v Boots UK Limited – Highlighted importance of clear written contract terms, particularly around termination notice.
		+	* Hedley Byrne & Co Ltd v Heller & Partners Ltd – Introduced liability for negligent misstatements giving rise to financial loss.
		+	* Henderson and Others v Merrett Syndicates Ltd and Others – Established when pure economic loss is recoverable in negligent misstatements.
		+	* Junior Books Ltd v Veitchi Co Ltd – Held a contractor owed a duty of care—even absent contract—to a company they weren't in a direct contract with.
	* Leigh & Sullivan Ltd v Aliakmon Shipping Co Ltd – Contributed to understanding limits of liability in damages and contractual liability.		* Leigh & Sullivan Ltd v Aliakmon Shipping Co Ltd – Contributed to understanding limits of liability in damages and contractual liability.
−	* ~~Curran and Another~~ v ~~Northern Ireland Co Ownership Housing Association Ltd~~ and ~~Another~~ – ~~Concerned defective building work~~ and ~~the scope~~ of ~~negligent liability~~.	+	* Liberty Mercian Limited v Cuddy Civil Engineering Limited and others – Related to adjudication, collateral warranties, and use of third-party rights.
−	* ~~D&F Estates Limited and Others~~ v ~~Church Commissioners for England and others~~ – ~~Explored the boundary between contract and tort when seeking recovery~~ for ~~latent defects~~.	+	* Muirhead v Industrial Tank Specialists Ltd – Dealt with professional liability for defective design or advice.
	* Murphy v Brentwood District Council – Overturned Anns, narrowing local authority liability for economic loss caused by building defects.		* Murphy v Brentwood District Council – Overturned Anns, narrowing local authority liability for economic loss caused by building defects.
−	* Henderson and Others v Merrett Syndicates Ltd and Others – Established when pure economic loss is recoverable in negligent misstatements.
−	* White v Jones – Found a solicitor liable in tort to intended beneficiaries of a will for negligent failure to act.
−	* Gable House Estates Ltd v The Halpern Partnership and Another – Confirmed concurrent liability in tort alongside contractual claims where professional advice is used.
−	* 199 Knightsbridge Development Ltd v WSP UK Ltd – Court found WSP’s negligence didn’t cause loss to Knightsbridge despite inadequate design oversight.
−	* Hamsard 3147 Limited & others v Boots UK Limited – Highlighted importance of clear written contract terms, particularly around termination notice.
	* Parkwood Leisure Limited v Laing – Determined that certain collateral warranties fell within the scope of the Housing Grants, Construction and Regeneration Act, enabling adjudication.		* Parkwood Leisure Limited v Laing – Determined that certain collateral warranties fell within the scope of the Housing Grants, Construction and Regeneration Act, enabling adjudication.
−	* Liberty Mercian Limited v Cuddy Civil Engineering Limited and others – Related to adjudication, collateral warranties, and use of third-party rights.
	* TSG Building Services Plc v South Anglia Housing Limited – Addressed duty to warn and obligations under contracts in construction services.		* TSG Building Services Plc v South Anglia Housing Limited – Addressed duty to warn and obligations under contracts in construction services.
	* Westshield Civil Engineering Ltd and Westshield Ltd v Buckingham Group Contracting Ltd – Involved dispute resolution through adjudication and final account settlements.		* Westshield Civil Engineering Ltd and Westshield Ltd v Buckingham Group Contracting Ltd – Involved dispute resolution through adjudication and final account settlements.
		+	* White v Jones – Found a solicitor liable in tort to intended beneficiaries of a will for negligent failure to act.

	= All case law articles =		= All case law articles =

Designing Buildings at 08:19, 18 August 2025

2025-08-18T08:19:21Z

← Older revision		Revision as of 08:19, 18 August 2025
Line 15:		Line 15:

	= Key articles about Case law and construction =		= Key articles about Case law and construction =
		+
		+	General background to case law:

	* [https://www.designingbuildings.co.uk/wiki/Category:Case_law Case law] – Overview and library of landmark construction cases.		* [https://www.designingbuildings.co.uk/wiki/Category:Case_law Case law] – Overview and library of landmark construction cases.
Line 43:		Line 45:
	* Construction Act – Principal judgments under the UK Construction Act		* Construction Act – Principal judgments under the UK Construction Act
	* Defects – Legal treatment of building defects and remediation orders		* Defects – Legal treatment of building defects and remediation orders
		+
		+	Key cases:
		+
		+	* Donoghue v Stevenson – Established the modern concept of negligence and duty of care.
		+	* Hedley Byrne & Co Ltd v Heller & Partners Ltd – Introduced liability for negligent misstatements giving rise to financial loss.
		+	* Dutton v Bognor Regis UDC and Another – Addressed local authority liability for construction defects.
		+	* Anns v Merton London Borough Council – Expanded duty of care owed by authorities to building users.
		+	* Junior Books Ltd v Veitchi Co Ltd – Held a contractor owed a duty of care—even absent contract—to a company they weren't in a direct contract with.
		+	* Governors of the Peabody Donation Fund v Sir Lindsay Parkinson & Co Ltd – Examined responsibility for construction defects in residential buildings.
		+	* Muirhead v Industrial Tank Specialists Ltd – Dealt with professional liability for defective design or advice.
		+	* Leigh & Sullivan Ltd v Aliakmon Shipping Co Ltd – Contributed to understanding limits of liability in damages and contractual liability.
		+	* Curran and Another v Northern Ireland Co Ownership Housing Association Ltd and Another – Concerned defective building work and the scope of negligent liability.
		+	* D&F Estates Limited and Others v Church Commissioners for England and others – Explored the boundary between contract and tort when seeking recovery for latent defects.
		+	* Murphy v Brentwood District Council – Overturned Anns, narrowing local authority liability for economic loss caused by building defects.
		+	* Henderson and Others v Merrett Syndicates Ltd and Others – Established when pure economic loss is recoverable in negligent misstatements.
		+	* White v Jones – Found a solicitor liable in tort to intended beneficiaries of a will for negligent failure to act.
		+	* Gable House Estates Ltd v The Halpern Partnership and Another – Confirmed concurrent liability in tort alongside contractual claims where professional advice is used.
		+	* 199 Knightsbridge Development Ltd v WSP UK Ltd – Court found WSP’s negligence didn’t cause loss to Knightsbridge despite inadequate design oversight.
		+	* Hamsard 3147 Limited & others v Boots UK Limited – Highlighted importance of clear written contract terms, particularly around termination notice.
		+	* Parkwood Leisure Limited v Laing – Determined that certain collateral warranties fell within the scope of the Housing Grants, Construction and Regeneration Act, enabling adjudication.
		+	* Liberty Mercian Limited v Cuddy Civil Engineering Limited and others – Related to adjudication, collateral warranties, and use of third-party rights.
		+	* TSG Building Services Plc v South Anglia Housing Limited – Addressed duty to warn and obligations under contracts in construction services.
		+	* Westshield Civil Engineering Ltd and Westshield Ltd v Buckingham Group Contracting Ltd – Involved dispute resolution through adjudication and final account settlements.

	= All case law articles =		= All case law articles =

← Older revision		Revision as of 08:50, 18 August 2025
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	* [[Liquidated_damages\|Liquidated damages]]. Judicial scrutiny of pre-agreed compensation clauses.		* [[Liquidated_damages\|Liquidated damages]]. Judicial scrutiny of pre-agreed compensation clauses.
	* [[Loss_and_expense\|Loss and expense]]. Legal parameters for recovery of extra costs.		* [[Loss_and_expense\|Loss and expense]]. Legal parameters for recovery of extra costs.
		+	* [[Negligence\|Negligence]]. A breach of a duty to take care.
		+	* [[Nuisance\|Nuisance]]. Unreasonable interference with another party’s use of land.
	* [[Termination_in_construction_contracts\|Termination]]. Case law guiding valid contract terminations.		* [[Termination_in_construction_contracts\|Termination]]. Case law guiding valid contract terminations.
		+	* [[Contract_vs_tort\|Tort]]. A collection of civil law remedies.
		+	* [[Trespass\|Trespass]]. Interference of a person’s right to the security of their body, property or land.

	Key cases:		Key cases:

← Older revision		Revision as of 08:46, 18 August 2025
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	General background to case law:		General background to case law:

−	* [[Alternative_dispute_resolution_for_construction_ADR\|Alternative dispute resolution]] – Cases shaping ADR in industry conflicts.	+	* [[Alternative_dispute_resolution_for_construction_ADR\|Alternative dispute resolution]]. Cases shaping ADR in industry conflicts.
−	* [[Best_endeavours_v_reasonable_endeavours\|Best endeavours v reasonable endeavours]] – Distinction between high and moderate performance obligations.	+	* [[Best_endeavours_v_reasonable_endeavours\|Best endeavours v reasonable endeavours]]. Distinction between high and moderate performance obligations.
−	* [[Breach_of_contract\|Breach of contract]] – Legal consequences when parties fail to meet contractual obligations.	+	* [[Breach_of_contract\|Breach of contract]]. Legal consequences when parties fail to meet contractual obligations.
−	* [https://www.designingbuildings.co.uk/wiki/Category:Case_law Case law] ~~– Overview and library~~ of landmark construction cases.	+	* [https://www.designingbuildings.co.uk/wiki/Category:Case_law Case law]. Library of landmark construction cases.
−	* [[Civil_procedure_rules\|Civil procedure rules]] – Procedural law shaping litigation delivery.	+	* [[Civil_procedure_rules\|Civil procedure rules]]. Procedural law shaping litigation delivery.
−	* [[Common_law\|Common law]] – How judge-made law shapes construction duties and rights.	+	* [[Common_law\|Common law]]. How judge-made law shapes construction duties and rights.
−	* [[Concurrent_delay\|Concurrent delay]] – Cases addressing overlapping delays and responsibility.	+	* [[Concurrent_delay\|Concurrent delay]]. Cases addressing overlapping delays and responsibility.
−	* [[Consequential_losses\|Consequential losses]] – Jurisprudence on secondary loss recoveries.	+	* [[Consequential_losses\|Consequential losses]]. Jurisprudence on secondary loss recoveries.
−	* [[Construction_act\|Construction Act]] – Principal judgments under the UK Construction Act.	+	* [[Construction_act\|Construction Act]]. Principal judgments under the UK Construction Act.
−	* [[Construction_contract\|Construction contract]] – Legal structure, rights, and obligations under standard agreements.	+	* [[Construction_contract\|Construction contract]]. Legal structure, rights, and obligations under standard agreements.
−	* [[Construction_law\|Construction law]] – Broad sector view of legal matters in the industry.	+	* [[Construction_law\|Construction law]]. Broad sector view of legal matters in the industry.
−	* [[Construction_litigation\|Construction litigation]] – How disputes are resolved via adjudication, arbitration, or court.	+	* [[Construction_litigation\|Construction litigation]]. How disputes are resolved via adjudication, arbitration, or court.
−	* [[Contract_claims\|Contract claims]] – Case law on mechanism and validity of claims.	+	* [[Contract_claims\|Contract claims]]. Case law on mechanism and validity of claims.
−	* [[Defects\|Defects]] – Legal treatment of building defects and remediation orders.	+	* [[Defects\|Defects]]. Legal treatment of building defects and remediation orders.
−	* [[Determination_in_construction_contracts\|Determination in construction contracts]] – When and how contract termination or suspension applies.	+	* [[Determination_in_construction_contracts\|Determination in construction contracts]]. When and how contract termination or suspension applies.
−	* [[Express_and_implied_terms_in_construction_contracts\|Express and implied terms in construction contracts]] – Difference between drafted and implied provisions.	+	* [[Express_and_implied_terms_in_construction_contracts\|Express and implied terms in construction contracts]]. Difference between drafted and implied provisions.
−	* [[Extension_of_time\|Extension of time]] – Jurisprudence on granting extra time for delays.	+	* [[Extension_of_time\|Extension of time]]. Jurisprudence on granting extra time for delays.
−	* [[Fair_payment_practices\|Fair payment practices]] – Case law backing payment regulations.	+	* [[Fair_payment_practices\|Fair payment practices]]. Case law backing payment regulations.
−	* [[Frustration_in_construction_contracts\|Frustration]] – Case law defining when contracts end unexpectedly.	+	* [[Injunction\|Injunction]]. Courts’ power to prevent or enforce action in construction disputes.
−	* [[Injunction\|Injunction]] – Courts’ power to prevent or enforce action in construction disputes.	+	* [[Legal_action\|Legal action]]. Describes when parties initiate judicial proceedings and the common use of ADR in construction.
−	* [[Legal_action\|Legal action]] – Describes when parties initiate judicial proceedings and the common use of ADR in construction.	+	* [[Legal_agreement\|Legal agreement]]. Types and enforceability of legal contracts in construction.
−	* [[Legal_agreement\|Legal agreement]] – Types and enforceability of legal contracts in construction.	+	* [[Legal_and_equitable_assignment\|Legal and equitable assignment]]. Differentiates between types of assignments in legal history and equity.
−	* [[Legal_and_equitable_assignment\|Legal and equitable assignment]] – Differentiates between types of assignments in legal history and equity.	+	* [[Liquidated_damages\|Liquidated damages]]. Judicial scrutiny of pre-agreed compensation clauses.
−	* [[Liquidated_damages\|Liquidated damages]] – Judicial scrutiny of pre-agreed compensation clauses.	+	* [[Loss_and_expense\|Loss and expense]]. Legal parameters for recovery of extra costs.
−	* [[Loss_and_expense\|Loss and expense]] – Legal parameters for recovery of extra costs.	+	* [[Termination_in_construction_contracts\|Termination]]. Case law guiding valid contract terminations.
−	* [[Termination_in_construction_contracts\|Termination]] – Case law guiding valid contract terminations.	+

	Key cases:		Key cases:

← Older revision		Revision as of 08:26, 18 August 2025
Line 48:		Line 48:
	Key cases:		Key cases:

−	* [[199_Knightsbridge_Development_Ltd_v_WSP_UK_Ltd\|199 Knightsbridge Development Ltd v WSP UK Ltd]] – Court found WSP’s negligence didn’t cause loss to Knightsbridge despite inadequate design oversight.	+	* [[199_Knightsbridge_Development_Ltd_v_WSP_UK_Ltd\|199 Knightsbridge Development Ltd v WSP UK Ltd]]. Court found WSP’s negligence didn’t cause loss to Knightsbridge despite inadequate design oversight.
−	* [[Development_of_the_law_of_negligence_1932_to_1988#Anns_v_Merton_London_Borough_Council\|Anns v Merton London Borough Council]] – Expanded duty of care owed by authorities to building users.	+	* [[Development_of_the_law_of_negligence_1932_to_1988#Anns_v_Merton_London_Borough_Council\|Anns v Merton London Borough Council]]. Expanded duty of care owed by authorities to building users.
−	* Curran and Another v Northern Ireland Co Ownership Housing Association Ltd and Another – Concerned defective building work and the scope of negligent liability.	+	* [[Development_of_the_law_of_negligence_1932_to_1988#Curran_and_Another_v_Northern_Ireland_Co_Ownership_Housing_Association_Ltd_and_Another\|Curran and Another v Northern Ireland Co Ownership Housing Association Ltd and Another]]. Concerned defective building work and the scope of negligent liability.
−	* D&F Estates Limited and Others v Church Commissioners for England and others – Explored the boundary between contract and tort when seeking recovery for latent defects.	+	* [[D&F_Estates_Limited_and_Others_v_Church_Commissioners_for_England_and_others\|D&F Estates Limited and Others v Church Commissioners for England and others]]. Explored the boundary between contract and tort when seeking recovery for latent defects.
−	* Donoghue v Stevenson – Established the modern concept of negligence and duty of care.	+	* [[Donoghue_v_Stevenson\|Donoghue v Stevenson]]. Established the modern concept of negligence and duty of care.
−	* Dutton v Bognor Regis UDC and Another – Addressed local authority liability for construction defects.	+	* [[Dutton_v_Bognor_Regis_UDC_and_Another\|Dutton v Bognor Regis UDC and Another]]. Addressed local authority liability for construction defects.
−	* Gable House Estates Ltd v The Halpern Partnership and Another – Confirmed concurrent liability in tort alongside contractual claims where professional advice is used.	+	* [[Gable_House_Estates_Ltd_v_The_Halpern_Partnership_and_Another\|Gable House Estates Ltd v The Halpern Partnership and Another]]. Confirmed concurrent liability in tort alongside contractual claims where professional advice is used.
−	* Governors of the Peabody Donation Fund v Sir Lindsay Parkinson & Co Ltd – Examined responsibility for construction defects in residential buildings.	+	* [[Governors_of_the_Peabody_Donation_Fund_v_Sir_Lindsay_Parkinson_&_Co_Ltd\|Governors of the Peabody Donation Fund v Sir Lindsay Parkinson & Co Ltd]]. Examined responsibility for construction defects in residential buildings.
−	* Hamsard 3147 Limited & others v Boots UK Limited – Highlighted importance of clear written contract terms, particularly around termination notice.	+	* [[Hamsard_3147_Limited_&_others_v_Boots_UK_Limited\|Hamsard 3147 Limited & others v Boots UK Limited]]. Highlighted importance of clear written contract terms, particularly around termination notice.
−	* Hedley Byrne & Co Ltd v Heller & Partners Ltd – Introduced liability for negligent misstatements giving rise to financial loss.	+	* [[Hedley_Byrne_&_Co_Ltd_v_Heller_&_Partners_Ltd\|Hedley Byrne & Co Ltd v Heller & Partners Ltd]]. Introduced liability for negligent misstatements giving rise to financial loss.
−	* Henderson and Others v Merrett Syndicates Ltd and Others – Established when pure economic loss is recoverable in negligent misstatements.	+	* [[Henderson_and_Others_v_Merrett_Syndicates_Ltd_and_Others\|Henderson and Others v Merrett Syndicates Ltd and Others]] Established when pure economic loss is recoverable in negligent misstatements.
−	* Junior Books Ltd v Veitchi Co Ltd – Held a contractor owed a duty of care—even absent contract—to a company they weren't in a direct contract with.	+	* [[Junior_Books_Ltd_v_Veitchi_Co_Ltd\|Junior Books Ltd v Veitchi Co Ltd]]. Held a contractor owed a duty of care—even absent contract—to a company they weren't in a direct contract with.
−	* Leigh & Sullivan Ltd v Aliakmon Shipping Co Ltd – Contributed to understanding limits of liability in damages and contractual liability.	+	* [[Leigh_&_Sillivan_Ltd_v_Aliakmon_Shipping_Co_Ltd\|Leigh & Sullivan Ltd v Aliakmon Shipping Co Ltd]]. Contributed to understanding limits of liability in damages and contractual liability.
−	* Liberty Mercian Limited v Cuddy Civil Engineering Limited and others – Related to adjudication, collateral warranties, and use of third-party rights.	+	* [[Liberty_Mercian_Limited_v_Cuddy_Civil_Engineering_Limited_and_others\|Liberty Mercian Limited v Cuddy Civil Engineering Limited and others]]. Related to adjudication, collateral warranties, and use of third-party rights.
−	* Muirhead v Industrial Tank Specialists Ltd – Dealt with professional liability for defective design or advice.	+	* [[Muirhead_v_Industrial_Tank_Specialists_Ltd\|Muirhead v Industrial Tank Specialists Ltd]]. Dealt with professional liability for defective design or advice.
−	* Murphy v Brentwood District Council – Overturned Anns, narrowing local authority liability for economic loss caused by building defects.	+	* [[Murphy_v_Brentwood_District_Council\|Murphy v Brentwood District Council]]. Overturned Anns, narrowing local authority liability for economic loss caused by building defects.
−	* Parkwood Leisure Limited v Laing – Determined that certain collateral warranties fell within the scope of the Housing Grants, Construction and Regeneration Act, enabling adjudication.	+	* [[Parkwood_Leisure_Limited_v_Laing\|Parkwood Leisure Limited v Laing]]. Determined that certain collateral warranties fell within the scope of the Housing Grants, Construction and Regeneration Act, enabling adjudication.
−	* TSG Building Services Plc v South Anglia Housing Limited – Addressed duty to warn and obligations under contracts in construction services.	+	* [[TSG_Building_Services_Plc_v_South_Anglia_Housing_Limited\|TSG Building Services Plc v South Anglia Housing Limited]]. Addressed duty to warn and obligations under contracts in construction services.
−	* Westshield Civil Engineering Ltd and Westshield Ltd v Buckingham Group Contracting ~~Ltd –~~ Involved dispute resolution through adjudication and final account settlements.	+	* [[Westshield_Civil_Engineering_Ltd_and_Westshield_Ltd_v_Buckingham_Group_Contracting_Ltd\|Westshield Civil Engineering Ltd and Westshield Ltd v Buckingham Group Contracting Lt]]d. Involved dispute resolution through adjudication and final account settlements.
−	* White v Jones – Found a solicitor liable in tort to intended beneficiaries of a will for negligent failure to act.	+	* [[White_v_Jones\|White v Jones]]. Found a solicitor liable in tort to intended beneficiaries of a will for negligent failure to act.

	= All case law articles =		= All case law articles =
Line 80:		Line 80:
	This [https://www.designingbuildings.co.uk/wiki/Works work] is openly licensed via [https://creativecommons.org/licenses/by/4.0/ CC BY 4.0].		This [https://www.designingbuildings.co.uk/wiki/Works work] is openly licensed via [https://creativecommons.org/licenses/by/4.0/ CC BY 4.0].

−	~~[[Category:Articles_needing_more_work]]~~ [[Category:Do_not_autolink]]	+	[[Category:Do_not_autolink]]