Citation: CILL 2612 TCC
Nature of case: The claimant design and build contractors claimed substantial damages from the client’s consulting engineers in relation to the conversion of a building into a commercial and residential complex. It had been expected that the client’s engineers would be novated to the contractors, but this had not happened. The contractors maintained that they had been misled as to the amount of work remaining to be done. However, the engineers successfully argued that the requirements for negligent misstatement were not met on the facts, due to absence of reliance and the presence of a valid disclaimer.