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Limitation and concealed unfitness.

Limitation and concealed unfitness.

Postby Hairyloon » Fri Dec 15, 2017 1:10 pm

A lady gets a new roof installed. Part and parcel of such an installation is insulation, I'm not sure of the specific standards required at the time, but I am certain there were some.
Seven years later, in the course of some other renovation it is discovered that the insulation is not well fitted.
Assuming (for the moment) that the fitting falls below the legal standard then it is not fit for purpose.
Limitation Act wrote:32 Postponement of limitation period in case of fraud, concealment or mistake.
(1) Subject to [F1subsection (3)][F1subsections (3) and (4A)] below, where in the case of any action for which a period of limitation is prescribed by this Act, either—
(a)the action is based upon the fraud of the defendant; or
(b)any fact relevant to the plaintiff’s right of action has been deliberately concealed from him by the defendant; or
(c)the action is for relief from the consequences of a mistake;
the period of limitation shall not begin to run until the plaintiff has discovered the fraud, concealment or mistake (as the case may be) or could with reasonable diligence have discovered it.
References in this subsection to the defendant include references to the defendant’s agent and to any person through whom the defendant claims and his agent.


Is it fair to assume that the failings in the fitting are due to mistake and therefore this section would apply?
Last edited by Hairyloon on Fri Dec 15, 2017 4:00 pm, edited 1 time in total.
Reason: Add emphasis.
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Re: Limitation and concealed unfitness.

Postby atticus » Fri Dec 15, 2017 1:32 pm

Claimant has burden of proving the fraud or deliberate concealment.

Look at the latent damage sections of the Limitation Act.

Is the installer still trading?
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Re: Limitation and concealed unfitness.

Postby Hairyloon » Fri Dec 15, 2017 1:57 pm

Surely not if it was a mistake. :?
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Re: Limitation and concealed unfitness.

Postby atticus » Fri Dec 15, 2017 2:38 pm

Nope. The section refers not to mistake but to fraud or deliberate concealment.

Consider latent damage.
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Re: Limitation and concealed unfitness.

Postby Hairyloon » Fri Dec 15, 2017 4:03 pm

atticus wrote:Nope. The section refers not to mistake but to fraud or deliberate concealment.

Could you please explain your interpretation of part 1c? I have a cold and I'm struggling a bit.

Consider latent damage.

Upon first consideration I am not seeing how that might apply.
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Re: Limitation and concealed unfitness.

Postby atticus » Fri Dec 15, 2017 6:01 pm

Mistake as to what was agreed, eg price to be paid showing a zero too many or too few. Not mistake in performance.

Latent damage is damage that is not immediately apparent. It is often relied on in claims about the construction of buildings. Everything looks ok, but underneath it is not. Isn't that your situation?
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Re: Limitation and concealed unfitness.

Postby atticus » Fri Dec 15, 2017 6:08 pm

atticus wrote:Mistake as to what was agreed, eg price to be paid showing a zero too many or too few. Not mistake in performance.

Latent damage is damage that is not immediately apparent. It is often relied on in claims about the construction of buildings. Everything looks ok, but underneath it is not. Isn't that your situation?
s14A Limitation Act 1980
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Re: Limitation and concealed unfitness.

Postby Hairyloon » Fri Dec 15, 2017 7:21 pm

atticus wrote:Mistake as to what was agreed, eg price to be paid showing a zero too many or too few. Not mistake in performance.

OK, I can see how that works, but I don't see how it excludes a mistake in performance.

Latent damage is damage that is not immediately apparent. It is often relied on in claims about the construction of buildings. Everything looks ok, but underneath it is not. Isn't that your situation?

Ah. I had looked at a slightly different definition. Thank you for the clarity: that section does appear to cover it.
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Re: Limitation and concealed unfitness.

Postby diy » Sun Dec 17, 2017 9:02 pm

https://www.gov.uk/government/uploads/s ... dments.pdf

It depends on what work was done. But it probably needed to be a U value of 0.18 not 0.11 which is required for new builds. 250mm of rock wool would have done the job assuming the ceiling was 12mm plaster board. It may however, have been exempt from needing to be upgraded. How sure are you that the thermal element was a requirement? How come this wasn't picked up by the building control inspector? Was is signed off?
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Re: Limitation and concealed unfitness.

Postby atticus » Sun Dec 17, 2017 9:25 pm

Do Building Regulations affect the application of the Limitation Act?
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