Cases - Cooperative Group v John Allen Associates

Record details

Name
Cooperative Group v John Allen Associates
Date
[2010]
Citation
EWHC 2300 (TCC)
Legislation

Industrial and Provident Societies Act 1965

Keywords
Contract administration
Summary

The defendant firm of engineers had sought advice from a specialist foundations company as to the appropriate method of ground stabilisation for a site which was overlain by a layer of soft clay. In reliance on this advice, the engineers designed a solution involving vibro replacement stone columns to stabilise the ground. A concrete slab was cast on the improved ground, but it suffered from significant settlement. The claimant employer alleged that the engineers had been negligent in its design.

The court held that the engineers had not, on the facts, been negligent. The court confirmed that the engineers had not divested themselves of responsibility by taking advice from a specialist (see Moresk) but also gave guidance as to when it might be reasonable for a consultant to seek assistance from specialists. The factors included whether:

  1. the assistance was taken from an appropriate specialist;
  2. it was reasonable to seek assistance from other professionals, research or other associations or other sources;
  3. there was information which should have led the professional to give a warning;
  4. the client might, and to what extent, have a remedy in respect of the advice from the other specialist; and
  5. the construction professional should have advised the client to seek advice elsewhere or should themselves have taken professional advice under a separate retainer.