Employer v Consultant 2010

Tribunal

Adjudication

Dispute

Monetary claim

Law

Terms of the Contract; Breach of Contract; Tort of Negligence; Supply of Goods and Services Act 1982;

Synopsis

The Employer engaged the Consultant to provide the services of Project Management, Quantity Surveying and Site Management for the construction of a seven residential properties and associated external works.

The construction contract was completed twenty-six weeks later than the planned completion. Overpayments were made to sub-contractors and as a result of these two alleged issues the employer suffered losses in the order of £175,000.00.

Cap X Solutions provided expert evidence on the following:

1. Whether the consultant had acted with the degree of care and skill expected of a competent professional when providing the services of site manager, project manager and quantity surveyor.

2. Whether and to what extent, any failing of the consultant was a direct cause of delay to the completion of the construction contract.

3.Which of the sums claimed by the Employer would not have occurred, had the consultant performed the roles of  site manager, project manager and quantity surveyor in the expected competent manner.

The expert opinion provided was given as an Expert Report in accordance with the Civil Procedure Rules; Part 35; Practice Direction Part 35; Experts and Assessors; and the Protocol for the Instruction of Experts to give evidence in civil claims.