RSK ENVIRONMENT LTD v HEXAGON HOUSING ASSOCIATION LTD

[2020] EWHC 2049 (TCC), Technology and Construction Court, O’Farrell J, 30 July 2020

Part 8 proceedings – Geotechnical investigations and report – Subsequent ground collapse – Scope of any duty of care

In November 2013, the claimant submitted proposals and budget costs to Skillcrown Homes Ltd in respect of a project to carry out geo-environmental and geophysical investigations at a site in London on which it was proposed to build residential housing. The claimant’s terms and conditions, which included limitation of liability provisions, were enclosed with the proposal letter. The proposal was formally accepted by Skillcrown on 4 December 2013. On 28 April 2014, Skillcrown notified the claimant that the defendant housing association was content to wait for the final report to be made in joint names. The claimant then issued its site investigation report on 30 April 2014, in which the client was identified as Skillcrown and the defendant. The defendant purchased the site some time in June 2014 and engaged Skillcrown to carry out the development, practical completion of which was certified in November 2015. On 2 May 2016, a ground collapse occurred in which damage was caused to some of the dwellings, necessitating the carrying out of remedial work to stabilise the ground and make the site safe.