Bevan Investments Ltd v Blackhall and Struthers (No 2) - [1973] 2 NZLR 45

Building contracts, engineers and architects — Engineers and architects — Duties and liabilities — Architect engaged to design and supervise building by plaintiff — Architect obtained design from engineer — Defective design — Building not completed — Remedial design required to complete — Liability of architect to plaintiff in contract — Liability of engineer to plaintiff in tort.

Damages — Measure of damages — Defective design for building — Building not completed — Remedial design — Plaintiff entitled to reinstatement costs of building in accordance with remedial design — Solicitors costs not recoverable as damages.

Tort — Distinction between actions of tort and actions of contract — Architect contracting for design and supervision of building — Architect engaging engineer for design — Defective design — Architect liable to plaintiff in contract — Engineer liable to plaintiff in tort.

Practice — Costs — Fixed pursuant to Code of Civil Procedure, R 568 — Sanderson order.