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'the Grad' Forum
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Architects Liability |
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Sven
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#1
25-September-2010
(time:
02:10)
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Posts:
8
Joined:
11-July-2009
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Hello, admittidly speaking I'm slightly confused about the extent of the Architects Liability under Tort (6years) in relation to the 10y. longstop in the BA 2004 (s.393) and the new 15y. longstop under the Limitations Act 2010 (s.23b) comming into force next year. Under the BA 2004 "civil proceedings relating to building work may not be brought against a person after 10 years or more..." What'd happen in the following example: An Architect designs a House which gets sold by its initial owner after say 8 years from Pracical Completion (PC). After 9 years from PC the house starts leaking. Under tort the Architect is liable for 6 years" , but does the 10 y. longstop under the BA would prevent the Architects liability of 15y (9+6=15) in this case and how would that relate to the new 15y longstop under the Limitations Act 2010?
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Sven Heger
Architectural Graduate
http://www.svenheger.com
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Barry Dacombe
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#2
14-October-2010
(time:
14:31)
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Moderator
Posts:
12
Joined:
15-June-2009
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Hi Sven,
My quick scan of the Act appears to retain the current 10 year longstop contained in the Building Act 2004.
See the bolded clause 2 below.
Limitation defences
• (1) The provisions of the Limitation Act 1950 apply to civil proceedings against any person if those proceedings arise from—
(a) building work associated with the design, construction, alteration, demolition, or removal of any building; or
(b) the performance of a function under this Act or a previous enactment relating to the construction, alteration, demolition, or removal of the building.
(2) However, civil proceedings relating to building work may not be brought against a person after 10 years or more from the date of the act or omission on which the proceedings are based.
See subsequent post below:
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Barry J Dacombe, Principal Barry J Dacombe Architect
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Barry Dacombe
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#3
14-October-2010
(time:
14:32)
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Moderator
Posts:
12
Joined:
15-June-2009
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Following on from previous post....
(3) For the purposes of subsection (2), the date of the act or omission is,—
(a) in the case of civil proceedings that are brought against a territorial authority, a building consent authority, a regional authority, or the chief executive in relation to the issue of a building consent or a code compliance certificate under Part 2 or a determination under Part 3, the date of issue of the consent, certificate, or determination, as the case may be; and
(b) in the case of civil proceedings that are brought against a person in relation to the issue of an energy work certificate, the date of the issue of the certificate.
Compare: 1991 No 150 s 91
Regards Barry Dacombe
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Barry J Dacombe, Principal Barry J Dacombe Architect
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