Cases - Tesco Stores Ltd v Norman Hitchcox Partnership

Record details

Name

Tesco Stores Ltd v Norman Hitchcox Partnership

Date

(1997)

Citation

56 ConLR 42

Keywords

Contract administration

Summary

In 1993 an arson attack on a new shopping development in Maidstone led to a catastrophic fire, causing substantial damage. The defendant architects were sued for inadequately designing the fire retardation methods and/or failing to supervise and properly inspect the building works both during and post construction. The core of the allegation was that the fire would have been less extensive and spread less quickly had adequate design and/or supervision been carried out.

The court held that while the defendants could be criticised in respect of their designs, it was not the case that such shortcomings led to the fire spreading more quickly. Further, simply because the architect was empowered to certify practical completion did not impose a duty to carry out a re-examination of the fire retardation methods. Again, the terms of the contract are critical; in this particular case, the architect's obligations under the contract were to design the shell of the building, and did not extend to carrying out inspections prior to certifying practical completion. Absent express words or express instruction, the defendants had no reason to anticipate that their obligations were somehow 'enlarged' to include an inspection duty.