Cases - Oxford University Press v John Stedman Group

Record details

Name

Oxford University Press v John Stedman Group

Date

(1990)

Citation

34 Con LR 1

Keywords

Construction claim - loss and expense claim - damages - settlement - reasonableness of settlement - proof of reasonableness of settlement

Summary

The first defendant was a firm of architects engaged by the claimants in relation to the design and construction of a warehouse. The main contractor was joined into the proceedings by the architects. Following completion of the warehouse, cracking and crazing occurred to the floor. During trial, the parties reached a settlement. The main contractor also settled with a subcontractor who had laid the floor of the warehouse.

The proceedings continued between the defendants, following which the judge held that the responsibility for the cracking and crazing was to be apportioned on a 60/40 and a 50/50 basis respectively between the defendant and the main contractor. In order to recover against the main contractor, the Court held that the first defendant had to establish that its settlement was reasonable with the claimant, but did not have to prove strictly the claims made against it in all respects.