Cases - Oxford University Fixed Assets v Architect Design Partnership

Record details

Name

Oxford University Fixed Assets v Architect Design Partnership

Date

(1999)

Citation

64 Con LR 12

Legislation

Civil Liability (Contribution) Act 1978

Keywords

Final certificates - final certificate conclusive - final certificate barred direct claim from employer - barred claim from architect

Summary

OUFA, the employer, brought a claim against ADP, the architect, in respect of certain defects in a building constructed for OUFA by Wimpey which it alleged were caused by ADP's failure to inspect and supervise the works adequately.

The final certificate had become conclusive in respect of the matters alleged and the question before the court was whether this not only prevented a direct claim by OUFA, but also a contribution claim against Wimpey by ADP.

The court held that the final certificate barred not only a direct claim from the employer, but also a contribution claim from the architect.