Builder’s warning about faults not enough to avoid liability

A builder who installed an inadequate drainage system has been found liable in damages even though he warned the client that it may not work properly.

The builder had been hired to carry out some improvement works at a farm. The project involved installing a lavatory and drainage system.

Before beginning work, the builder informed the farm owner that the proposed new drain was inadequate but that it would probably work. The owner decided to proceed on that basis.

When the system then started to overflow and leak, the owner refused to pay for the work. The builder took legal action which led to a court hearing.

The judge held that although the builder had told the owner the drainage system might be inadequate, the warning was not sufficiently clear. It was not strong enough to remove the implied warranty that the system would be fit for purpose.

The builder was therefore liable in damages for having installed a defective system.

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July 2010

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