Clarity Before Construction: The Cost of an Unclear Scope of Work

Introduction

Martell v Roszkowski and others [2024] was a case concerning a dispute about building works to Miss Martell’s West London property. GS Building Services (“GSB”) was employed as the builder for the project, under a written contract prepared by GSB. The works included refurbishing and extending the ground floor and extending the basement to form a habitable space. The works involved excavation and underpinning.

Miss Martell employed Martin Gustyn & Associates Ltd (“MGA”) as structural engineers, however, there was no engagement letter setting out the scope of services to be provided by MGA.

Throughout the project, Miss Martell was rarely at the property and MGA would therefore visit the property and keep Miss Martell updated on the progress of the works.

During the works, Miss Martell became aware of water ingress to the basement.

The claim against GSB