Jenni Glover & Anor v Fluid Structural Engineers & Technical Designers Limited
[2023] EWHC 3219 (TCC)
Perdita Martell v Grzegorz Roszkowski & Ors
16 April 2024
[2024] EWHC 840 (TCC)
High Court
Homeowner sued builders and engineers after a botched renovation. The builders used bad concrete, and the engineers didn't check their work. Both were found at fault. The engineers were also criticized for secretly taking money from the builders, which influenced their actions. The homeowner won, and the builders didn't get to claim their losses.
Key Facts
- •Miss Perdita Martell hired GS Building Services (GSB) to renovate her property.
- •Martin Gustyn & Associates Ltd (MGA) provided structural engineering services.
- •Water ingress and substandard concrete were discovered in the basement.
- •Martell claimed damages for remedial work; GSB counterclaimed for lost profits.
- •MGA did not provide an engagement letter defining its scope of work.
- •There was a dispute regarding the concrete specification (RC35) and waterproofing.
- •GSB used site-mixed concrete, contrary to the later issued Structural Specification.
- •MGA failed to monitor the work and notify Martell of the concrete defects.
- •GSB’s waterproofing design was found inadequate.
- •MGA failed to advise Martell to obtain specialist advice on waterproofing.
Legal Principles
Breach of contract occurs when a party fails to perform its contractual obligations.
General Contract Law
A professional owes a duty of reasonable skill and care to its client.
General Negligence Law
A party must mitigate its losses following a breach of contract.
General Contract Law
Repudiatory breach occurs when a party renounces its obligations under the contract.
General Contract Law
Outcomes
Martell's claim against GSB and MGA for damages was partially successful.
GSB breached the contract by failing to use the correct specification concrete and failing to adequately design the waterproofing. MGA breached its duty by failing to monitor the work and advise on the need for specialist waterproofing advice; failure to disclose a conflict of interest.
GSB's counterclaim for lost profit was dismissed.
Martell's conduct did not constitute a repudiatory breach of contract.