Kehr & Tucker Ltd v Astronomical Ltd

Kehr & Tucker Ltd v Astronomical Ltd

The court found that the contract scope was to produce drawings sufficiently detailed for the tender process, following the architects' fixed layout drawings. Any changes indicated thereafter by the defendant or revised architect's drawings were outside the agreed services, except where caused by the claimant's delay or mistake. Additional services properly authorised and performed outside the original scope were recoverable on a quantum meruit basis.

Parties
Claimant: Kehr & Tucker Limited; Defendant: Astronomical Limited
Jurisdiction
England and Wales
Judgment Date
07 November 2008
Procedural Posture
Civil (contract/construction) / Judgment After Trial
Outcome
Judgment for the Claimant
Legal Topics
Scope of Services, Quantum Meruit, Contract Interpretation, Professional Services
Contract Law Construction Law Scope of Services Quantum Meruit Contract Interpretation Professional Services

Case Brief

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Parties

Kehr & Tucker Limited

Claimant

Astronomical Limited

Defendant

Procedural Posture

Civil (contract/construction) / Judgment After Trial

Legal Issues

  1. 1 What was the scope of the services that Kehr & Tucker Limited agreed to perform?
  2. 2 What is the value of services performed outside the agreed scope?

Ratio Decidendi

The court found that the contract scope was to produce drawings sufficiently detailed for the tender process, following the architects' fixed layout drawings. Any changes indicated thereafter by the defendant or revised architect's drawings were outside the agreed services, except where caused by the claimant's delay or mistake. Additional services properly authorised and performed outside the original scope were recoverable on a quantum meruit basis.

Court Disposition

Judgment for the Claimant

Orders

  • The defendant shall pay the claimant £22,244, inclusive of the contract balance, additional sums allowed, and interest.
  • Costs to be agreed or liberty to apply.