Design defect

Abbott and another v Will Gannon and Smith Ltd CA TLR 28 April

The defendant was a structural and civil engineer firm which was instructed to design work necessary to remedy structural defects in a large bay window in an hotel in Torquay. Work to the defendant’s design was completed in March 1997. The claimants first noticed cracks and movement in 1999 and brought their claim in September 2003. The defective design did not cause any loss at the time of the remedial work and only did so when it manifested itself in a way which would affect the value of the building, measured either by the cost of repairs or depreciation in market value. This was the common case where the occurrence of the loss and its discovery coincided. Accordingly the claim was not time-barred because it was brought within the six-year statutory limitation period.