Cases - Chesham Properties v Bucknall Austin

Record details

Name

Chesham Properties v Bucknall Austin

Date

(1996)

Citation

82 BLR 92

Keywords

Building contract - construction of contract - professional adviser - extent of duty owed - implied term - whether project manager owed the employer a duty to report on the defaults of co-defendants- whether a term should be implied requiring the project manager to report on the defaults of co-defendants

Summary

A case concerning the obligations of members of the employer's professional team to advise on the performance of other members of the team.

The plaintiff (Chesham) was a property developer. The defendants were employed by the plaintiff as professional advisors for a development. The plaintiff's action concerned, among other things, a failure by the defendants of their obligations to report on the performance of fellow members of the professional team.

The court ruled that the project manager was judged as being under a duty under the terms of his contract of engagement to report to the plaintiffs on deficiencies in performance on the part of the co-defendants. In the absence of an express term, it was concluded that it would be necessary to imply a term to similar effect.