Pirelli General Cable Works Ltd v Oscar Faber & Partners
The case of Pirelli General Cable Works Ltd v Oscar Faber & Partners [1983] has been used as precedent for the limitation period applicable to claims of negligent design.
| Damage to a factory arose out of the use of a material in constructing a factory chimney that was unsuitable for the purpose. The chimney had been built in 1969 but the faulty condition of the chimney could not have been discovered with reasonable diligence until 1972 and was not in fact discovered until 1977. A writ was issued in 1978. The question was whether the six year period ran from the date the faulty chimney was built or from the date when the fault could have been or was discovered. |
| https://publications.parliament.uk/pa/ld200506/ldjudgmt/jd060301/haward-2.htm |
The House of Lords held that the owner of a building had a legitimate cause of action against the consulting engineer for a negligent design at the point at which physical damage to the building first occurred.
The subsequent case of Abbott v Will Gannon & Smith Ltd [2005] challenged the Pirelli law at the Court of Appeal on the basis that the case of Murphy v Brentwood DC [1991] decided that the cause of action accrued, not when physical damage first occurred but when the building owner suffered economic loss.
The Court held that the Murphy decision had not expressly or impliedly overruled the Pirelli decision. It held that if the claimant’s cause of action accrued at the time they suffered economic loss, then the loss only occurred when it became apparent in some way which would affect the building’s value. Therefore, they rejected the argument that economic loss was suffered when negligent works were completed.
[edit] Find out more
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
Amendment to the GB Energy Bill welcomed by ECA
Move prevents nationally-owned energy company from investing in solar panels produced by modern slavery.
Gregor Harvie argues that AI is state-sanctioned theft of IP.
Heat pumps, vehicle chargers and heating appliances must be sold with smart functionality.
Experimental AI housing target help for councils
Experimental AI could help councils meet housing targets by digitising records.
New-style degrees set for reformed ARB accreditation
Following the ARB Tomorrow's Architects competency outcomes for Architects.
BSRIA Occupant Wellbeing survey BOW
Occupant satisfaction and wellbeing tool inc. physical environment, indoor facilities, functionality and accessibility.
Preserving, waterproofing and decorating buildings.
Many resources for visitors aswell as new features for members.
Using technology to empower communities
The Community data platform; capturing the DNA of a place and fostering participation, for better design.
Heat pump and wind turbine sound calculations for PDRs
MCS publish updated sound calculation standards for permitted development installations.
Homes England creates largest housing-led site in the North
Successful, 34 hectare land acquisition with the residential allocation now completed.
Scottish apprenticeship training proposals
General support although better accountability and transparency is sought.
The history of building regulations
A story of belated action in response to crisis.
Moisture, fire safety and emerging trends in living walls
How wet is your wall?
Current policy explained and newly published consultation by the UK and Welsh Governments.
British architecture 1919–39. Book review.
Conservation of listed prefabs in Moseley.
Energy industry calls for urgent reform.