Application Question 2, Unit 1

Mr. and Mrs. Colin Lloyd purchased a 3- bedroom home as a residence for them and
their two children, Chantal 8 and Cruz 11. Mr. Lloyd decided to construct an extension
to the house before moving in to;

 provide a home for his mother who was getting on in years and no longer able to
live on her own,
 provide classrooms where his wife and sister-in-law who were teachers could
provide coaching lessons for secondary school students prepping for CSEC and
CAPE examinations.
Mr. Lloyd engaged Mr. Grayson Greenidge, an architect to design a two-storey
extension to provide a one-bedroom apartment on the ground floor and four classrooms
with bathrooms and a kitchenette on the upper floor.
The plans and specifications were drawn up. Mr. Lloyd then engaged a construction
firm, ARDEFY LTD, to construct the extension. The construction was completed in June
2022 at a cost of $1 million.
The Lloyd’s then agreed to employ a firm of decorators, ESSTHETEAK, to add the
finishing touches to the building. Part of this work involved applying some ornamental
plastering on the ceiling of the apartment on the ground floor. There was considerably
less decorative work to be completed on the classrooms on the upper floor of the
building. The classroom furniture was therefore placed upstairs to eliminate the cost of
storing them.
With the decorative work behind them, Mr. Topp Gunn, the Site Supervisor from
ESSTHETEEK, observed that the floor boards of the classrooms appeared to be sagging.
He pointed this out to Mr. Lloyd on the day the work began. He expressed concern
about the stability of the floor to bear the additional weight of the decorative plaster to
be used on the ceiling of the downstairs apartment. No further discussion was however
held on this matter.
The work was completed in two weeks. On 10 July, 2022, Mr. Lincoln Richards, a
painter by ESTHETEEK, was painting the classrooms using a ladder and scaffolding.
Suddenly the flooring gave way and he, together with the paint and equipment fell
through the flooring to the apartment below.
The next day, Mr. Lloyd retained Mr. Kon Crete, a civil engineer to assess the damage.
Mr. Crete reported as follows;

 the joists supporting the timber floor in the classrooms were spaced too widely
apart and the floor had been insufficiently supported.
  the thickness of the floorboards used to construct the floor was less than that
prescribed by the relevant building code; this caused the floor to bend and
ultimately collapse, under the weight of the classroom furniture
 the joists used to secure the floor to the retaining walls had not been properly
installed.
As a result of the collapsed floor:

 restorative construction had to be undertaken to repair the damage at a cost of

$300, 000.00
 the classroom furniture was either damaged/ destroyed; the combined cost of
repair/ replacement was $60, 000.00
 Mr. Richards was injured by the fall and sought medical attention costing him
$8,500.00
 Mr. Richards was unable to work for 6 weeks after the incident, his lost wages
amounted to $10, 000.00
 Mr. Lloyd was not able to move in until 3 months after the incident; he was
required to foot the bill for XX accommodation at a cost of $9, 000.00.
- Identify the potential claimants/ defendants from this fact pattern above
- For each potential claimant

 identify the items loss for which they may be able to recover damages.
 classify the items of loss you have identified as constituting general or special
damages.
 Discuss the implications of the clarification above for - liability, pleading and
proof.
- Discuss whether and if so, for what period of time, potential claimants may be able to
receive any awards of interest if their claims are successful.