Cases - Wessex RHA v HLM Design

Record details

Name

Wessex RHA v HLM Design

Date

(1995)

Citation

71 BLR 32

Keywords

Contract administration

Summary

The defendant architects, engaged in relation to construction works at a hospital in Bournemouth, were sued by the claimant employer for over-certifying the value of works carried out by the subcontractor. The defendant denied liability on the grounds that an employer under a JCT contract had no independent cause of action against an architect, as the appropriate relief should be sought from the contractor in arbitration proceedings.

HHJ Fox-Andrews QC rejected the defendant's arguments, holding that the employer was entitled to sue either the contractor or the architect or both.