Cases - Victoria University of Manchester v Hugh Wilson

Record details

Name

Victoria University of Manchester v Hugh Wilson

Date

[1984]

Citation

2 Con LR 43

Keywords

Contract administration

Summary

This case concerned the construction of a university building that was clad in ceramic tiles to be applied to the substructure using an adhesive known as 'Bal-Mix'. The tiles failed due to the subcontractors' misapplication of the Bal-Mix during the 'buttering' process, and remedial works were required which involved cladding the building with bricks tied into the underlying structure.

The court held that if the areas of tiling had been small and the subcontractors had only been on site for a short period, the supervising architects might have been excused for not detecting the subcontractors' failures. However, HHJ Newey QC ruled that given that the areas of tiling were extensive, coupled with the fact that subcontractors were working on site from 1969 to 1972, it should be inferred that the architects did not inspect properly, thus giving the misapplication of the Bal-Mix their 'tacit approval'.