Importance of Identifying Who Carried out Defective Building Work (TCC)
The case of Cooper and another v Thameside Construction Company Ltd  EWHC 1248 (TCC) highlights the importance of identifying who carried out the defective building work and providing acute evidence to prove this.
It was for the employers to show, on the balance of probabilities, that the works had been carried out by the contractor (or a sub- contractor for whom it was responsible). Here, the employers were unable to do so, and their claim failed.
In this case the building works had been carried out some time ago, and although some witness collection was strong, others were not. On the face of it, the contractor who had been on site carrying out works in the bathroom, where defective plumbing was installed was likely to be responsible for the defective work. However, the missing evidence from witnesses made the Technology and Construction Court (TCC) decide that the claimant had not shown on the balance of probabilities that it was the said contractor who carried out the defective building work.
This case demonstrates the TCC require thorough, factual information to accept a claim and will not accept claims on face value.