Contractor v Designer 2011

Dispute

Monetary claim

Law

Terms of Contract; Breach of contract; Tort of Negligence; Supply of Goods & Services Act 1982

Synopsis

The Contractor employed the Consultant to provide structural engineering design services in order to tender and secure the contract to design and construct a waste recycling composting facility.

Following the award of the contract, it became apparent that the design provided by the Consultant, which secured the contract, did not reflect the entire scope of work required. The Contractor endured multi-million pound losses as a result of the deficiencies in the Consultant design.

The Referral demonstrated the Consultant’s failure to exercise all reasonable skill and care in the execution of their services.   The loss suffered by the Contractor was apportioned to the actions of the Consultant, maintaining the link of causation.

Held

Prior to the Adjudicator’s decision, a negotiated settlement was achieved; resulting in payment by the Consultant to the Contractor.