Construction: a successful claim against a consultant for reduction in land value
The old adage that the value of investments can go down as well as up still rings true and consultants should be aware that they could find themselves liable for a diminution of market value in a property when facing a breach of contract claim as a result of the Court of Appeal’s decision in John Grimes Partnership Ltd v Gubbins (2013) EWCA Civ 37.
Consultancies in the construction industry have been given a tough time of it in court recently. This decision follows hot on the heels of the decision in The Trustees of Ampleforth Abbey Trust v Turner & Townsend Project Management Ltd (2012) EWHC 2137 (TCC), which placed liability on the consultant for a failure to engage a contractor on a formal building contract after allowing him to proceed on a letter of intent and also dealt with T&T’s attempt to cap its liability under their appointment, also the subject of a recent Stephenson Harwood alert.
John Grimes Partnership was engaged by Mr Gubbins to design a road and to obtain approval for it under section 38 of the Highways Act 1980 with the intention that it would subsequently be adopted and maintained by the local authority…
If you are registered and logged in to the site, click on the link below to read the rest of the Stephenson Harwood briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Stephenson Harwood
News from The Lawyer
Briefings from Stephenson Harwood
This helpful one-page summary diagram shows the current expected timetable for Great Britain’s passenger rail franchises and concessions.
In Kays Hotels v Barclays Bank, the Commercial Court refused a strike-out application that was based on a bank’s argument that the claim was time-barred.
Analysis from The Lawyer
The Lawyer’s litigation reporter looks at the ongoing saga of the Tchenguiz litigation
‘Exotic’ investors and opportunities for legal work beyond M&A feature in The Lawyer’s high-level roundtable debate on south-east Europe