Cases - New Islington and Hackney Housing Association Limited v Pollard Thomas and Edwards Limited
Record details
- Name
- New Islington and Hackney Housing Association Limited v Pollard Thomas and Edwards Limited
- Date
- [2000]
- Citation
- EWHC Technology 43
- Legislation
- Keywords
- Contract administration
- Summary
-
The defendants were appointed in 1990 as architects in respect of the design and construction of six properties on various sites acquired by the claimant housing authority. Soon after the works were practically complete (between February and March 1992) and the properties occupied, the claimant became aware of numerous complaints from residents concerning noise. The claimant brought proceedings on 1 May 1998 for breach of contract and negligence, claiming that the defendants' design failed to incorporate adequate soundproofing between flats in the properties.
Dyson J held that upon a proper construction of the contract and of the defendants' terms and conditions of engagement, it could not be said that the defendants were under a duty to review the adequacy of design (an in particular the adequacy sound insulation) after practical completion had taken place.
Consequently, breach took place before 1 May 1992, and proceedings were dismissed.