Common Law and Adjudication
Duckdown Contracting Ltd (‘DCL’) provides insulation material and fabrications for
residential construction projects to ensure that the requirements under Part L2a
Building Regulations are met, along with the expected forthcoming changes in 2022.
On one project under way, Cotswolds Studios Ltd (‘CSL’) has started to install
fabricated duck feather cavity wall boards into the business studio timber framed pods
but it is noticeable that the panels which had been ordered are too short by up to 6
centimetres. Duckdown Contracting Ltd has been sub-contracted on a manufacture,
supply and fit contract given a proprietary interlocking system which it had designed.
Further a stacked pile of delivered panels around 5 metres high close to an adjoining
neighbouring property boundary has shifted/moved and caused damage to the old
wooden 1.8 close-board fence owned by the adjoining owner. Whilst dry, the weather
has seen some windy days over the past week. As a result, several insulation wall
boards have split open and loose duck-down has and continues to blow over the
neighbouring property (owned by Mr Sparrow). Part of the view from Mr Sparrow’s
house has been impeded by the tall stack.
(1) Examine what claim could be brought against the supplier (DCL) for the
incorrectly supplied and installed insulation boards, what would have to be
proved and what defences the supplier could advance to avoid liability.
(2) If an adjudicator was appointed under the supply and fit contract, explain the
primary contents of his award and how costs would be dealt with.
(3) Appraise what claim the neighbouring owner (Mr Sparrow) could bring against Cotswolds Homes Ltd for the fence damage and spilled duck-down and
determine what possible defences could be advanced by CHL.