It May Be Possible for a Construction or Engineering Firm to Be Held Liable for Property Damages. How?

by Isaac Benmergui, Esq on November 19, 2013

That’s against the norm of rational thought in the legal field. But it is possible as proven by an English Court of Appeal’s decision in the case of John Grimes Partnership Limited versus Gubbins in 2013. Typically, if the damage was not actually inflicted by any person or authority of the firm, company or entity in question, that party really shouldn’t be held liable. If you didn’t break it, you shouldn’t fix it.real estate law

In this case, though, John Grimes Partnership Limited, an engineering firm responsible for a property development contract with the claimant Gubbins, ended up knee-deep in some heavy situations, facing liabilities due to delays in the design and construction of a road and drainage system. This was essentially a project scheduled to be completed by March of 2007. It, however, never was finished due to a decline in market values.

The Court of Appeals asserted that this was enough justification to hold John Grimes Partnership Limited responsible for the damages of not finishing that project for residential development purposes. Mr. Gubbins, of course, pressed for the legal claim to go through, and it went through successfully.

The key here is that there was a breach of contract. Because John Grimes Partnership Limited never finished the project at the determined deadline, they’re actually held liable for quite a bit if brought to the attention of the court. This is just another reason why deadlines and agreements are ironclad in real estate law!

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