Pirelli General Cable Works Ltd v Oscar Faber & Partners
The case of Pirelli General Cable Works Ltd v Oscar Faber & Partners [1983] has been used as precedent for the limitation period applicable to claims of negligent design.
| Damage to a factory arose out of the use of a material in constructing a factory chimney that was unsuitable for the purpose. The chimney had been built in 1969 but the faulty condition of the chimney could not have been discovered with reasonable diligence until 1972 and was not in fact discovered until 1977. A writ was issued in 1978. The question was whether the six year period ran from the date the faulty chimney was built or from the date when the fault could have been or was discovered. |
| https://publications.parliament.uk/pa/ld200506/ldjudgmt/jd060301/haward-2.htm |
The House of Lords held that the owner of a building had a legitimate cause of action against the consulting engineer for a negligent design at the point at which physical damage to the building first occurred.
The subsequent case of Abbott v Will Gannon & Smith Ltd [2005] challenged the Pirelli law at the Court of Appeal on the basis that the case of Murphy v Brentwood DC [1991] decided that the cause of action accrued, not when physical damage first occurred but when the building owner suffered economic loss.
The Court held that the Murphy decision had not expressly or impliedly overruled the Pirelli decision. It held that if the claimant’s cause of action accrued at the time they suffered economic loss, then the loss only occurred when it became apparent in some way which would affect the building’s value. Therefore, they rejected the argument that economic loss was suffered when negligent works were completed.
[edit] Find out more
[edit] Related articles on Designing Buildings Wiki
Featured articles and news
Quality Planning for Micro and Small to Medium Sized Enterprises
A CIOB Academy Technical Information sheet.
A briefing on fall protection systems for designers
A legal requirement and an ethical must.
CIOB Ireland launches manifesto for 2024 General Election
A vision for a sustainable, high-quality built environment that benefits all members of society.
Local leaders gain new powers to support local high streets
High Street Rental Auctions to be introduced from December.
Infrastructure sector posts second gain for October
With a boost for housebuilder and commercial developer contract awards.
Sustainable construction design teams survey
Shaping the Future of Sustainable Design: Your Voice Matters.
COP29; impacts of construction and updates
Amid criticism, open letters and calls for reform.
The properties of conservation rooflights
Things to consider when choosing the right product.
Adapting to meet changing needs.
London Build: A festival of construction
Co-located with the London Build Fire & Security Expo.
Tasked with locating groups of 10,000 homes with opportunity.
Delivering radical reform in the UK energy market
What are the benefits, barriers and underlying principles.
Information Management Initiative IMI
Building sector-transforming capabilities in emerging technologies.
Recent study of UK households reveals chilling home truths
Poor insulation, EPC knowledge and lack of understanding as to what retrofit might offer.
Embodied Carbon in the Built Environment
Overview, regulations, detail calculations and much more.
Why the construction sector must embrace workplace mental health support
Let’s talk; more importantly now, than ever.
Ensuring the trustworthiness of AI systems
A key growth area, including impacts for construction.