CLAIM AGAINST ARCHITECTS HELD TO BE TIME-BARRED

New Islington and Hackney Housing Association Ltd v Pollard Thomas and Edwards Ltd ([2001] BLR 74 )

In New Islington and Hackney Housing Association Ltd v Pollard Thomas and Edwards Ltd [2001] BLR 74 Mr Justice Dyson (as he then was) dismissed claims brought by the claimant housing association against the defendant architects on the ground that the claims were time-barred. The claims were brought both in contract and in negligence and reliance was also placed by the claimants on the three year discoverability period contained in s14A of the Limitation Act 1980. On the facts it was held that more than six years had passed since the cause of action for breach of contract and in negligence had accrued and that the claimants could not rely upon the three year discoverability period because the evidence demonstrated that they did have the relevant knowledge more than three years before proceedings were issued. The judgment of Mr Justice Dyson is notable for his review of the authorities relating to the existence and the scope of a continuing contractual duty on the part of an architect to review the design of a building and in relation to his analysis of the decision of the House of Lords in Pirelli General Cable Works Ltd v Oscar Faber & Partners [1983] 2 AC 1.