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

Fecha: 09-Abr-2025

THE PROJECT

THE PROJECT

In and around 2016, the Claimant was seeking to procure the construction of a new headquarters, office and distribution facility at Princes Drive, Royal Leamington Spa ("the Property").

To this end, 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.

The Defendant has a particular specialism in timber frame buildings. In January 2023, its website stated that "the practice is a world leader in engineered timber and pioneer in the field of tall timber buildings". The Defendant held itself out as having a similar specialism around 2016 at the time of contracting. The Claimant selected the Defendant at least in part as a result of that reputation.

The other relevant parties to the construction project were:

6.1

JCA Concept Construction Limited ("JCA") - the construction manager.

6.2

Hess Timber GmbH and Co ("Hess") - the timber frame contractor.

6.3

Stoneleigh Services Limited ("Stoneleigh") - the roofing contractor.

JCA was engaged by the Claimant as construction manager pursuant to a Construction Manager's Appointment dated 4 October 2016 ("the JCA Appointment").

JCA was responsible for: -

(1)

Reviewing the designs prepared by the Defendant and the Trade Contractors and advising as to their feasibility and suitability in practical terms for construction and as to compatibility between their separate parts;

(2)

Maintaining the overall programme including reviewing the Trade Contractors' programmes and ensuring that they were compatible with each other and the overall programme;

(3)

Ensuring that adequate steps were taken for the protection of the works and unfixed materials on site;

(4)

The management and control of the site during the Construction Period (which responsibility was exclusive); and

(5)

Complying with the Claimant's instructions and, insofar as was necessary, giving instructions to Trade Contractors to carry the Claimant's instructions into effect.

Hess was engaged by the Claimant as timber frame contractor pursuant to a letter from Hess to the Claimant dated 21 March 2016 and an undated and unsigned Construction Trade Contract ("the Hess Contract"). Hess was required to:-

(1)

Design the Trade Works with reasonable skill and care and to participate in the design review process;

(2)

Co-ordinate with the Construction Manager and other Trade Contractors;

(3)

Protect the Trade Works during construction;

(4)

Carry out or arrange for the carrying out of testing of Materials as instructed; and

(5)

Comply with the instructions of the Construction Manager.

10.

Stoneleigh was engaged by the Claimant as roofing contractor pursuant to a Construction Management Trade Contract dated 16 December 2016 ("the Stoneleigh Contract"). Stoneleigh was required to:-

(1)

Design the Trade Works with reasonable skill and care and to participate in the design review process;

(2)

Co-ordinate with the Construction Manager and other Trade Contractors;

(3)

Protect the Trade Works during construction; and

(4)

Comply with the instructions of the Construction Manager.

11.

Further the Claimant, as employer, participated in the design, procurement and construction phases of the Project, being assisted and/or represented by:-

(1)

Mr Mark Adams, the manging director of the Claimant, who was closely involved in all the phases of the Project;

(2)

Mr Martin Francis, a designer, who assisted Mr Adams in developing the initial design concept;

(3)

Mr Andrew Blasdale of Eckersley O'Callaghan, a structural engineering firm, who also assisted the Claimant in developing the initial design concept;

(4)

Mr Vincent Wang, a registered architect, who advised the Claimant in relation to procurement, including the engagement of the Defendant, Hess, Stoneleigh and JCA and acted as the Employer's Representative and Development Manager of the Claimant; and

(5)

Mr Simon Garwood, an engineer, who acted as the Claimant's project manager and, as such, was the Employer's Agent or Representative for the purposes of the JCA, Hess and Stoneleigh Contracts (and had previously performed the same role in relation to a similar project).

12.

The Claimant’s claim against the Defendant is for the allegedly negligent provision of architectural services in relation to the design and construction of its new headquarters in Royal Leamington Spa. The property was constructed using engineered timber in the form of laminated veneer timber (“LVL”) posts and 25m full width span beams and cross laminated timber (“CLT”) wall and roof panels.

13.

The Claimant alleges that the Defendant is responsible for the rotting and decay of the building’s roof panels which the Claimant alleges became wetted during construction and particularly during sustained rainfall around Christmas 2016.

14.

In order to remedy the Property, it was necessary for the Claimant to: -

(1)

Remove and reinstate the roof covering. Where possible, insulation was retained and re-used.

(2)

Replace all CLT panels where the extent of decay had compromised the structural integrity of the panel and repair those panels which have been subjected to a lesser degree of decay.

(3)

Disconnect and reconnect elements associated with the roof such as solar panels, the lightning conductor and some services.

(4)

Carry out the works under a mobile temporary over-roof to prevent any further water damage occurring.

15.

The cost of the works was £4,045,403.