Royal Brompton Hospital NHS Trust v. Frederick A Hammond & Ors [2000] EWHC Technology 39 (18th December, 2000)

Royal Brompton Hospital NHS Trust v. Frederick A Hammond & Ors [2000] EWHC Technology 39 (18th December, 2000)

The Claimant failed to prove, on the balance of probabilities, that WGI or PMI acted negligently or in breach of contract in granting or advising on the extensions of time. The Claimant's expert evidence was rejected as unreliable, and there was no clear, non-expert basis for finding that the extensions granted were errors no competent professional could have made. The claims therefore fail.

Citation
[2000] EWHC Technology 39
Parties
Claimant: The Board of Governors of The National Heart and Chest Hospitals; Contractor: Taylor Woodrow Construction Ltd.; Eighth, Fifteenth, and Sixteenth Defendants (architects): Watkins Gray International (U.K.), Mr. Ivor Berresford, Mr. Keith Smith; First to Seventh and Thirteenth Defendants (project Managers): Project Management International (PMI) and Project Management International Ltd.
Jurisdiction
England and Wales
Procedural Posture
Professional Negligence (construction) / Sub Trial on Liability for Negligent Grant of Extensions of Time
Outcome
Claim dismissed
Legal Topics
Extensions of Time, Duty of Care, Standard of Competence, Architect's Liability, Project Manager's Liability
Construction Law Professional Negligence Contract Law Extensions of Time Duty of Care Standard of Competence Architect's Liability Project Manager's Liability

Case Brief

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Parties

The Board of Governors of The National Heart and Chest Hospitals

Claimant

Taylor Woodrow Construction Ltd.

Contractor

Watkins Gray International (U.K.), Mr. Ivor Berresford, Mr. Keith Smith

Eighth, Fifteenth, and Sixteenth Defendants (architects)

Project Management International (PMI) and Project Management International Ltd.

First to Seventh and Thirteenth Defendants (project Managers)

Procedural Posture

Professional Negligence (construction) / Sub Trial on Liability for Negligent Grant of Extensions of Time

Legal Issues

  1. 1 Whether WGI (architects) and PMI (project managers) were negligent and/or in breach of contract in granting or advising on extensions of time for completion of construction works on four specified grounds (CHW, Hydrotite, Safety Cabinet, Commissioning).
  2. 2 Whether the extensions of time granted exceeded what a reasonably competent architect or project manager could have justified.
  3. 3 Whether the pleadings and evidence supported the Claimant's case on each ground.

Ratio Decidendi

The Claimant failed to prove, on the balance of probabilities, that WGI or PMI acted negligently or in breach of contract in granting or advising on the extensions of time. The Claimant's expert evidence was rejected as unreliable, and there was no clear, non-expert basis for finding that the extensions granted were errors no competent professional could have made. The claims therefore fail.

Court Disposition

Claim dismissed

Orders

  • All claims against WGI and PMI in respect of the grant or advice on extensions of time on the CHW, Hydrotite, Safety Cabinet, and Commissioning grounds are dismissed.