Cases - Lancashire and Cheshire Association of Baptist Churches Inc v Howard & Seddon Partnership

Record details

Name

Lancashire and Cheshire Association of Baptist Churches Inc v Howard & Seddon Partnership

Date

[1993]

Citation

3 AII ER 467

Keywords

Contract administration

Summary

The defendant architect was responsible for the design of a sanctuary and supervision of associated building works. It later transpired that the sanctuary was not satisfactory, suffering from poor ventilation and condensation problems. By a writ dated 11 December 1986, the plaintiff brought an action against the defendant for breach of contract and/or breach of duty of care. At a preliminary hearing it was held that the claim for breach of contract was statute-barred. The defendant architect contended that because a contractual relationship existed between the parties there could not, as a matter of law, be a concurrent duty in tort.

Kershaw J held that where a contractual relationship exists between the parties, a concurrent duty can exist in tort.