Cases - Abbott v Will Gannon and Smith Ltd

Record details

Name
Abbott v Will Gannon and Smith Ltd
Date
[2005]
Citation
EWCA Civ 198
Legislation
Keywords
Breach of contract - negligence
Summary

Design work to a hotel by the defendant structural engineers was completed in March 1997. Cracking had occurred by late 1999 and a claim was issued for breach of contract and negligence in September 2003.

The contract claim was agreed to be statute-barred, but the first instance judge held that if cracks appeared within 6 years of the issue of proceedings, the claim is not statute-barred in tort. The Court of Appeal upheld the decision and affirmed that the starting position for the limitation period in tort claims for defective construction is as set out in Pirelli v Oscar Faber.