Charles Church ups claim against Stent

The legal case between housebuilder Charles Church and two of its subcontractors took a new twist last week when a judge allowed the firm to amend its claim against Stent Foundations.

Charles Church originally made a claim totalling more than £8m against Stent Foundations and consultant engineer Peter Dann in the Technology and Construction Court on 14 February.

The housebuilder's claim against both firms for negligence and breach of contract came after Stent's piling for the foundations for a residential flat development at 60 Vauxhall Bridge Road in London allegedly caused severe damage to the adjoining 50 Vauxhall Bridge and the party wall between the two properties.

It was also alleged that deficiencies in drawings produced by Peter Dann for a secant pile wall also led to more serious damage at the same address, requiring substantial remedial works and the redesign of the secant pile wall.

A third incident, which saw a number of water leaks in the re-designed secant wall, occurred in Autumn 2002, by which time Wates was acting as main contractor.

Charles Church originally alleged that the first and third incidents were caused by negligence or breaches of contract on the part of Stent, while the second was the responsibility of Peter Dann.

But the housebuilder succeeded in amending its claim, asserting that Stent was also responsible for the second incident.

[Contract Journal, 13 December 2006, p1]