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agreement altemative architect arising assessed authority awarded Bognor Regis breach of contract builder building contract Building Regulations cause of action claim client common law conceming construction Contract Terms Act contractor Court of Appeal cover danger decision Defective Premises Act defendant’s defendants Donoghue v Stevenson employer engineer Estates Gazette exclusion clauses fact ﬂats goveming health or safety Hedley Byrne held liable House of Lords Housing Act implied terms imposed injury inspection JCT form land landlord lbid limitation period LJKB London Borough Lord Denning Lord Wilberforce measure of damages misrepresentation Misrepresentation Act 1967 negligence NHBC notice nuisance obligations occupier owed paras particular person plaintiff potential professional Public Health Act purchaser question reasonable regarded relevant remedy repair restricted Rylands v Fletcher solicitor SolJo Statutes surveyor tenant tion tort tortious Unfair Contract Terms vendor visitor