ENGINEER LIABLE FOR FAILURE TO WARN OF DANGEROUS STATE OF TEMPORARY WORKS

Hart Investments Ltd v Fidler [2007] EWHC 1058 (TCC); [2007] All ER (D) 519 (Mar)

In Hart Investments Ltd v Fidler [2007] EWHC 1058 (TCC); [2007] All ER (D) 519 (Mar) Mr Recorder Roger Stewart QC held that the defendant engineer had failed to warn the claimant property owner of the dangerous state of the works which existed when he visited the site shortly before the works collapsed. In so concluding, it was held that if an engineer, who is employed by the owner of property in respect of permanent works, observes a state of temporary works which is dangerous and causing immediate peril to the permanent works in respect of which he is employed, he is obliged to take such steps as are open to him to obviate that danger. On the facts of the case the engineer was held not to have taken such steps with the consequence that he was held to be liable in contract to the building owner. Had it been necessary to do so, Mr Stewart QC would also have found the existence of a tortious duty of care owed by the engineer to the building owner.