Post by Anthony Kusingura, MCIARB.

The case of Greaves & Co (Contractors) Ltd v Baynham Meikle and Partners [1975] 3 All ER 99 is a leading authority in construction law on the liability of design professionals, particularly engineers. It establishes that where a professional designer knows the specific purpose for which a structure is required, the law may imply a warranty that the design will be fit for that purpose. The case also clarifies that professionals owe a duty to exercise reasonable skill and care, and that this duty may require additional precautions where the circumstances demand them. It is frequently cited in disputes involving defective design, professional negligence, and fitness for purpose obligations. Case Summary for Greaves & Co (Contractors) Ltd v Baynham Meikle and Partners [1975] 3 All ER 99 (Court of Appeal). Facts: Greaves & Co were engaged under a package deal contract to construct a warehouse intended for storing oil drums, with loaded fork-lift trucks operating on the first floor. They appointed Baynham Meikle, consulting structural engineers, to design the structure. The engineers were informed of the warehouse's intended use. After construction, the first-floor slab developed serious cracks caused by vibrations from the fork-lift trucks because the design failed to account for those dynamic loads. Extensive remedial works became necessary, exposing the contractors to substantial liability. Issue: Whether the consulting engineers were liable for designing a floor that was not fit for its intended purpose and whether they had breached their professional duty of care. Held: The Court of Appeal dismissed the engineers' appeal and held that they were liable. The court found: There was an implied warranty, based on the facts of the case, that the warehouse design would be fit for its intended purpose. The engineers also breached their duty to exercise reasonable skill and care by failing to take adequate account of known vibration risks associated with the new construction system and the intended use of the warehouse. Principle: Where a design professional knows the purpose for which a structure is required, the contract may imply an obligation that the design will be fit for that purpose. Even where only a duty of reasonable skill and care applies, professionals must take all reasonable precautions demanded by the particular circumstances. Compliance with ordinary professional practice is not always sufficient if the circumstances require greater care.