Building Law Monthly
BUILDER’S LIABILITY FOR DEFECT ARISES UNDER NHBC AGREEMENT AND NOT IN TORT
In Robinson v P E Jones (Contractors) Ltd
[2011] EWCA Civ 9, [2011] All ER (D) 111 (Jan) the Court of Appeal held that the claimant house purchaser was not entitled
to bring a claim in tort against the builder of the house in respect of the cost of repairing a defect in the house. The terms
of the contract between the parties was held to define the obligations which the parties had assumed to one another and there
was no room for the recognition of a duty of care in tort, the effect of which would have been to impose upon the defendant
a liability which was inconsistent with the contract between the parties. Further, it was held that the clauses in the contract
which limited the liability of the builder to that set out in the NHBC agreement were not invalidated by the Unfair Contract
Terms Act 1977.