Cases - Ketteman v Hansel Properties Limited

Record details

Name

Ketteman v Hansel Properties Limited

Date

(1985)

Citation

1 AII ER 352

Keywords

Contract administration

Summary

In 1975 the claimant homeowners purchased houses built by the defendant builders. The following year, cracking occurred that was discovered to be attributable to settlement of the foundations, which had been laid pursuant to an architect's designs between 1973 and 1975. Rather than suffer the inconvenience of underpinning works, the claimants decided to sell their properties at a loss. The architect was joined as a defendant in 1982 when the financial viability of the defendant builders was called into question.

The architect sought to argue that the claim against it was out of time on the grounds that the houses were 'doomed from the start': the plans and siting being faulty, the foundations were bound to settle and cause damage.

The Court of Appeal rejected this argument, following Pirelli and holding that the cause of action accrued on the date of the cracking (i.e. in 1976). Only in very exceptional cases will a building be 'doomed from the start'. Consequently, the proceedings were brought in time.