24th July 2023

This morning, the Technology and Construction Court handed down judgment in Vinci Construction UK Ltd v (1) Eastwood and Partners (Consulting Engineers) Ltd (2) Snowden Seamless Floors Ltd v GHW Consulting Engineers Ltd. The case concerned cracking in a floor slab at a large warehouse in Bradford.

The judgment considers principles set out in the recent Court of Appeal decision in URS Corp Ltd v BDW Trading Ltd [2023] EWCA Civ 189, which determined a key point of law on when a cause of action in the tort of negligence for economic loss accrues for limitation purposes. It will be of interest to those bringing or defending claims against designers of allegedly defective structures.

The judge found that Snowden’s claims in contract and tort were time barred subject to the question of attributability of knowledge under s.14A of the Limitation Act, which will proceed to trial.

Simon Hale (instructed by Reynolds Porter Chamberlain LLP) acted for the Third Party.

Full judgment available here.

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