HT-2025-000282 - [2025] EWHC 850 (TCC)

Fecha: 09-Abr-2025

THE EXPRESS TERMS OF THE AGREEMENT BETWEEN THE PARTIES

THE EXPRESS TERMS OF THE AGREEMENT BETWEEN THE PARTIES

26.

The Claimant entered into a written contract with the Defendant dated 30 September 2016 ("the Appointment") whereby the Defendant agreed to provide architectural services in relation to the construction of the Property in return for a fee of £155,260.

Scope of Appointment

27.

The introduction to the Appointment described the Defendant as occupying the roles of "Architect, Design Team Leader and Principal Designer".

28.

By Clause 2.1 of the Appointment, the services to be provided were those set out in Schedule 1.

29.

The Services included the following:

"1.

Detailed Proposals

1.1

With our other consultants develop a scheme design from the outline proposals.

1.5

Prepare outline specifications for materials, forms of construction and constructional standards.

Final Proposals

2.1

Develop a detailed design from the approved scheme design,· co-ordinate and incorporate the designs of our other consultants.

Production Information

3.1

Prepare production information.

3.2

Prepare detailed specifications.

3.8

Assist in the preparation of a timetable for construction.

Construction

5.1

Carry out the lead designer's duties under the Construction Management Contract and the Works Contracts that are entered into by us for the execution of the Works.

5.3

Attend periodic project meetings to be convened, chaired and minuted by yourselves (unless we direct otherwise).

5.5

Arrange, chair and minute site meetings with the Contractor fortnightly, giving us reasonable notice in writing of each meeting so as to afford us the opportunity to attend. Circulate the minutes of such meetings to ourselves and all attendees.

5.9

As appropriate, instruct sample-taking and the carrying out of tests of materials and workmanship and examine the conduct and results of such tests whether on or off-site.

5.10

As appropriate, instruct the opening up of work to determine that it is generally in accordance with the Construction Management Contract and the Works Contracts that are entered into by us for the execution of the Works.

5.12

Visit the Works fortnightly (adjusted for key stages of the works before they are covered up by the progress of the works) to inspect the progress and quality of the Works and to determine that they are being executed generally in accordance with the Construction Management Contract and the Works Contracts that are entered into by us for the execution of the Works.

5.13

Attend Site whenever reasonably requested to do so to assist in resolving difficulties with construction.

5.14

Monitor and report to us upon the progress of the Works against the Contractor's programme. During Site visits, monitor compliance by the Contractor with any provisions of the Construction Management Contract and the Works Contracts that are entered into by us for the execution of the Works for the avoidance or minimisation of inconvenience, danger, disturbance or nuisance to third parties.

Design Services

Subject to the terms of the Appointment prepare the detailed architectural design of the Development and prepare all detailed architectural drawings and other information required for the construction and completion of the Development.

18.

Services in connection with design by sub-contractors

18.1

Advise on the need for specialist sub-contractors or suppliers to design and execute parts of the architectural Works. You are not to pass down any elements of architectural design to any such specialist without written instructions or approval.

18.2

Prepare outline, descriptive or performance specifications for use where architectural elements of the Works are to be design by specialists; assist in obtaining quotations and other information in connection with specialist work.

18.4

Where required, with our other consultants, appraise and report upon tenders received from specialist sub-contractors or suppliers.

18.5

Review and comment on designs and specifications provided by specialist sub-contractors or suppliers, and co-ordinate and integrate their input.”

Express Terms of Appointment

30.

By Clause 5.1 of the Appointment, the Defendant undertook to use "Skill and Care" in the performance of its duties under the Appointment.

31.

"Skill and Care" was defined in the following terms:

"Skill and Care all the reasonable skill care and diligence to be expected of a properly qualified and competent architect, design team leader and principal designer experienced in performing duties similar to the Services on projects of a similar size, scope and complexity as the project and, for the purpose of the standard of reasonable skill, care and diligence the degree of competence shall be judged in the light of professional knowledge and standards current at the time the relevant service was provided."

32.

Clause 5.4 further provided:

"You shall use Skill and Care to provide the Services to us so that the Services are Fully Co-ordinated with the design and work being carried out by us, other consultants, our trade contractors and sub-contractors and other consultants for the various specialist work packages relevant to (or which be affected by) the Services and by third parties in relation to the Development (such as statutory undertakers or their equivalent)."