Defective Premises Act Zennstrom v Fagot - Revision history

Designing Buildings at 07:41, 9 February 2021

2021-02-09T07:41:12Z

← Older revision		Revision as of 07:41, 9 February 2021
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		+	The third instalment in our new series of articles by construction lawyer [[User:Najma_Dunnett\|Najma Dunnett.]]

−	~~The third instalment in our new series of articles by construction lawyer [[User%3ANajma%20Dunnett\|Najma Dunnett.]]~~	+	-----
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	It is easy to forget that other duties may govern the work of contractors and consultants apart from those set out in their written contracts. In addition to tortious and contractual duties, statutory duties, such as those under the Defective Premises Act 1972 (DPA) may result in liability.		It is easy to forget that other duties may govern the work of contractors and consultants apart from those set out in their written contracts. In addition to tortious and contractual duties, statutory duties, such as those under the Defective Premises Act 1972 (DPA) may result in liability.

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	The DPA applies to the provision of new dwellings, extensions or conversions and the defects must be significant to render the dwelling unfit for habitation. This could clearly affect contractors and consultants when constructing/designing residential properties. Whilst contractors and consultants may in their written contracts seek to limit or exclude liability for losses they cannot exclude or limit liability under the DPA to the current or subsequent owners.		The DPA applies to the provision of new dwellings, extensions or conversions and the defects must be significant to render the dwelling unfit for habitation. This could clearly affect contractors and consultants when constructing/designing residential properties. Whilst contractors and consultants may in their written contracts seek to limit or exclude liability for losses they cannot exclude or limit liability under the DPA to the current or subsequent owners.

−	[[~~Zennstrom~~%20%~~26%20Anor%20v%20Fagot%20%26%20Ors~~\|Click here to read the detailed analysis of this case]].	+	[[Zennstrom_%26_Anor_v_Fagot_%26_Ors\|Click here to read the detailed analysis of this case]].
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	CIOB-backed article competition		CIOB-backed article competition

	We’re nearly there. We’ve been through all the entries for our CIOB-backed article competition. We have learned a lot, done a bit of editing and totted up the scores, and on Wednesday we will announce the overall winner and the 4 runners-up.		We’re nearly there. We’ve been through all the entries for our CIOB-backed article competition. We have learned a lot, done a bit of editing and totted up the scores, and on Wednesday we will announce the overall winner and the 4 runners-up.

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−		+	Have a look at our list of [[Articles_required\|articles required]] – some key subjects that we know the site should cover, but we are missing so far.
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Designing Buildings at 08:06, 30 October 2013

2013-10-30T08:06:49Z

← Older revision		Revision as of 08:06, 30 October 2013
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	Have a look at our list of [[Articles%20required\|articles required]] – some key subjects that we know the site should cover, but we are missing so far.		Have a look at our list of [[Articles%20required\|articles required]] – some key subjects that we know the site should cover, but we are missing so far.

−	[[Category:News]]	+	[[Category:News]] [[Category:DCN_News]]
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Designing Buildings at 07:32, 11 June 2013

2013-06-11T07:32:17Z

← Older revision		Revision as of 07:32, 11 June 2013
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−	The third instalment in our new series of articles by construction lawyer [[User%3ANajma%20Dunnett\|~~NajmaDunnett~~.]]	+	The third instalment in our new series of articles by construction lawyer [[User%3ANajma%20Dunnett\|Najma Dunnett.]]

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Designing Buildings: Protected "Defective Premises Act Zennstrom v Fagot" ([edit=sysop] (indefinite) [move=sysop] (indefinite))

2013-06-07T10:28:06Z

Protected "Defective Premises Act Zennstrom v Fagot" ([edit=sysop] (indefinite) [move=sysop] (indefinite))

← Older revision

Revision as of 10:28, 7 June 2013

Designing Buildings at 10:27, 7 June 2013

2013-06-07T10:27:54Z

← Older revision		Revision as of 10:27, 7 June 2013
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−	~~Want to contribute your knowledge to Designing Buildings Wiki, but don’t know where to start?~~ Have a look at our list of [[Articles%20required\|articles required]] – some key subjects that we know the site should cover, but we are missing so far.	+	Have a look at our list of [[Articles%20required\|articles required]] – some key subjects that we know the site should cover, but we are missing so far.

	[[Category:News]]		[[Category:News]]
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Designing Buildings: moved Zennstrom v Fagot and the Defective Premises Act to Defective Premises Act Zennstrom v Fagot

2013-06-07T10:26:46Z

moved Zennstrom v Fagot and the Defective Premises Act to Defective Premises Act Zennstrom v Fagot

← Older revision

Revision as of 10:26, 7 June 2013

Designing Buildings at 10:25, 7 June 2013

2013-06-07T10:25:25Z

← Older revision		Revision as of 10:25, 7 June 2013
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−	The third instalment in our new series of articles by construction lawyer [[User~~:Najma_Dunnett~~\|~~Najma~~]]~~[[User:Najma_Dunnett\|Dunnett]]….~~	+	The third instalment in our new series of articles by construction lawyer [[User%3ANajma%20Dunnett\|NajmaDunnett.]]

−	It is easy to forget that other duties may govern the work of contractors and consultants apart from those set out in their written contracts. In addition to tortious and contractual duties, statutory duties, such as those under the Defective Premises Act 1972 (DPA) may result in liability.	+	----
		+
		+	It is easy to forget that other duties may govern the work of contractors and consultants apart from those set out in their written contracts. In addition to tortious and contractual duties, statutory duties, such as those under the Defective Premises Act 1972 (DPA) may result in liability.

	The claimants in the case of Zennstrom v Fagot alleged that the defendants had a duty under the DPA as property developers as they had developed the property and this was not undertaken in a workmanlike or professional manner nor was it fit for habitation. In order for the defendants to come under a duty under the DPA the claimants had to prove that they developed the property ‘in the course of a business’.		The claimants in the case of Zennstrom v Fagot alleged that the defendants had a duty under the DPA as property developers as they had developed the property and this was not undertaken in a workmanlike or professional manner nor was it fit for habitation. In order for the defendants to come under a duty under the DPA the claimants had to prove that they developed the property ‘in the course of a business’.

−	Circumstances proved the defendants were not property developers; they were just building their dream home. Compelling evidence that supported this were the bespoke features installed, such as an entertainment system and art work, together with evidence from friends, neighbours and their architect that the house was to be their dream home. Also, significantly, the property did not benefit from an NHBC certificate which it might have, had it been developed by a property developer.	+	Circumstances proved the defendants were not property developers; they were just building their dream home. Compelling evidence that supported this were the bespoke features installed, such as an entertainment system and art work, together with evidence from friends, neighbours and their architect that the house was to be their dream home. Also, significantly, the property did not benefit from an NHBC certificate which it might have, had it been developed by a property developer.

	The DPA applies to the provision of new dwellings, extensions or conversions and the defects must be significant to render the dwelling unfit for habitation. This could clearly affect contractors and consultants when constructing/designing residential properties. Whilst contractors and consultants may in their written contracts seek to limit or exclude liability for losses they cannot exclude or limit liability under the DPA to the current or subsequent owners.		The DPA applies to the provision of new dwellings, extensions or conversions and the defects must be significant to render the dwelling unfit for habitation. This could clearly affect contractors and consultants when constructing/designing residential properties. Whilst contractors and consultants may in their written contracts seek to limit or exclude liability for losses they cannot exclude or limit liability under the DPA to the current or subsequent owners.

−	[[~~Zennstrom_&_Anor_v_Fagot_&_Ors~~\|Click here to read the detailed analysis of this case]].	+	[[Zennstrom%20%26%20Anor%20v%20Fagot%20%26%20Ors\|Click here to read the detailed analysis of this case]].

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−	Want to contribute your knowledge to Designing Buildings Wiki, but don’t know where to start? Have a look at our list of [[~~Articles_required~~\|articles required]] – some key subjects that we know the site should cover, but we are missing so far.	+	Want to contribute your knowledge to Designing Buildings Wiki, but don’t know where to start? Have a look at our list of [[Articles%20required\|articles required]] – some key subjects that we know the site should cover, but we are missing so far.

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Designing Buildings: Created page with " The third instalment in our new series of articles by construction lawyer NajmaDunnett…. It is easy to forget that other duties ..."

2013-06-07T10:21:59Z

Created page with " The third instalment in our new series of articles by construction lawyer Najma Dunnett…. It is easy to forget that other duties ..."

New page

The third instalment in our new series of articles by construction lawyer [[User:Najma_Dunnett|Najma]][[User:Najma_Dunnett|Dunnett]]….

It is easy to forget that other duties may govern the work of contractors and consultants apart from those set out in their written contracts. In addition to tortious and contractual duties, statutory duties, such as those under the Defective Premises Act 1972 (DPA) may result in liability.

The claimants in the case of Zennstrom v Fagot alleged that the defendants had a duty under the DPA as property developers as they had developed the property and this was not undertaken in a workmanlike or professional manner nor was it fit for habitation. In order for the defendants to come under a duty under the DPA the claimants had to prove that they developed the property ‘in the course of a business’.

Circumstances proved the defendants were not property developers; they were just building their dream home. Compelling evidence that supported this were the bespoke features installed, such as an entertainment system and art work, together with evidence from friends, neighbours and their architect that the house was to be their dream home. Also, significantly, the property did not benefit from an NHBC certificate which it might have, had it been developed by a property developer.

The DPA applies to the provision of new dwellings, extensions or conversions and the defects must be significant to render the dwelling unfit for habitation. This could clearly affect contractors and consultants when constructing/designing residential properties. Whilst contractors and consultants may in their written contracts seek to limit or exclude liability for losses they cannot exclude or limit liability under the DPA to the current or subsequent owners.

[[Zennstrom_&_Anor_v_Fagot_&_Ors|Click here to read the detailed analysis of this case]].

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CIOB-backed article competition

We’re nearly there. We’ve been through all the entries for our CIOB-backed article competition. We have learned a lot, done a bit of editing and totted up the scores, and on Wednesday we will announce the overall winner and the 4 runners-up.

----

Want to contribute your knowledge to Designing Buildings Wiki, but don’t know where to start? Have a look at our list of [[Articles_required|articles required]] – some key subjects that we know the site should cover, but we are missing so far.

[[Category:Site_Information]]