Cases - Whipham v Everitt

Record details

Name

Whipham v Everitt

Date

(1990)

Citation

Times, 22 March, 1900

Keywords

Contract administration

Summary

An architect successfully recovered a fee for his preliminary work based on the RIBA scale, notwithstanding that there had been no express agreement with the employer to that effect.

The project was not taken forward after the failure to obtain a suitable tender. However, the court accepted expert evidence to the effect that it was customary in such circumstances for the architect to be paid a reasonable sum for the work he had completed. The contemporary RIBA scale of fees (now replaced by indicative fee arrangements in the 'Client's Guide to Engaging an Architect' published by RIBA) was not binding in law because it was not a custom of sufficiently universal application to be implied into all relevant construction contracts. However, the court held it was right to have regard to the usual practice in the profession.