National Museums and Galleries on Merseyside (Trustees of) v AEW Architects and Designers Ltd

National Museums and Galleries on Merseyside (Trustees of) v AEW Architects and Designers Ltd

AEW was negligent and in breach of contract in failing to properly design, coordinate, and inspect the steps, seats, terraces, and ceilings, including failing to specify adequate tolerances, gaps, and reinforcement cover, and in instructing an unacceptable plinth solution without client approval. The Contractor was liable for inadequate reinforcement cover but not for geometry or gap issues. The Museum was entitled to recover the reasonable cost of remedial works, associated professional and management costs, and an indemnity for certain delay-related losses. Contribution was apportioned at 25% to the Contractor for common damage relating to reinforcement cover.

Parties
Claimant: The Board of Trustees of National Museums and Galleries on Merseyside; Defendant: AEW Architects and Designers Limited; Third Party: PIHL UK Limited and Galliford Try Construction Limited (trading together in partnership as a Joint Venture 'PIHL Galliford Try JV')
Jurisdiction
England and Wales
Judgment Date
01 July 2013
Procedural Posture
Civil (construction/professional Negligence) / Judgment on Liability, Contribution, and Quantum for Steps and Seats Claim
Outcome
Judgment for the Claimant against AEW; contribution judgment for AEW against the Contractor; indemnity declarations for certain losses; quantum determined for steps and seats claim.
Legal Topics
Architects' Duties, Design Coordination, Construction Defects, Damages Assessment, Contribution Between Tortfeasors
Construction Law Professional Negligence Contract Law Architects' Duties Design Coordination Construction Defects Damages Assessment Contribution Between Tortfeasors

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Parties

The Board of Trustees of National Museums and Galleries on Merseyside

Claimant

AEW Architects and Designers Limited

Defendant

PIHL UK Limited and Galliford Try Construction Limited (trading together in partnership as a Joint Venture 'PIHL Galliford Try JV')

Third Party

Procedural Posture

Civil (construction/professional Negligence) / Judgment on Liability, Contribution, and Quantum for Steps and Seats Claim

Legal Issues

  1. 1 Whether AEW Architects breached contractual and tortious duties in design and coordination of steps, seats, terraces, and ceilings
  2. 2 Whether the Contractor was liable for design or workmanship defects
  3. 3 Appropriate quantum of damages and apportionment of contribution

Ratio Decidendi

AEW was negligent and in breach of contract in failing to properly design, coordinate, and inspect the steps, seats, terraces, and ceilings, including failing to specify adequate tolerances, gaps, and reinforcement cover, and in instructing an unacceptable plinth solution without client approval. The Contractor was liable for inadequate reinforcement cover but not for geometry or gap issues. The Museum was entitled to recover the reasonable cost of remedial works, associated professional and management costs, and an indemnity for certain delay-related losses. Contribution was apportioned at 25% to the Contractor for common damage relating to reinforcement cover.

Court Disposition

Judgment for the Claimant against AEW; contribution judgment for AEW against the Contractor; indemnity declarations for certain losses; quantum determined for steps and seats claim.

Orders

  • AEW to pay the Museum £1,127,870.40 in damages for steps, seats, and terraces claim.
  • AEW to indemnify the Museum against damages, losses, expenses, or costs payable to the Contractor for security costs and prolongation loss and expense, to the extent caused by AEW's breaches.