Bickering over defective bricks: University of Manchester v Laing O’Rourke & Others

The University of Manchester has claimed for damages for the costs of replacing outer brickwork across three of its university buildings, called the Jean McFarlane Building and University Place. The buildings are part of the main campus in the Oxford Road area and features the city’s largest lecture hall. Its claim is against three parties who were commissioned to design and build the buildings. In particular, the claim involves substantial issues with the brickwork against the parties as follows:

• John McAslan + Partners (architect) – for breach of contract in relation to its designing, and coordinating the design of the building, in particular its design relating to the movement joints in the brickwork cladding and also liability for failing to identify the defects during the project and taking appropriate steps to address them.
• Laing O’Rourke (main contractor) – claiming its works were defective and not carried out with reasonable care and skill

Laing O’Rourke has subsequently brought in structural engineer, Gifford, to the proceedings as a third party being the firm responsible for the design of movement joints in the allegedly defective brickwork.

The University is seeking redress to completely replace the outer brick skin on all three blocks, i.e. significant remedial works (and costs) to remedy the defects. The claim currently amounts to approximately £13.7m including the costs of remedial works and consequential losses (such costs continuing to rise for a variety of factors including the materials shortage).

The proceedings are still ongoing. We will keep you updated.

Mistakes happen but to try to avoid expensive ones like the following mitigating measures may help:

1. Before contracting do your due diligence on your proposed construction team and their work record – have they successfully delivered projects of a similar size, scope and within your niche sector? Can they manage the project financially?
2. Make sure that your construction contracts and professional appointments are suitable and provide protection – every word counts.
3. Make sure that you have a contractual link with all members of the construction team including subcontractors – particularly those with a significant design responsibility.
4. Check that your construction team have appropriate insurances in place and at the right financial levels – not only at the outset of the build but throughout.