Kehr & Tucker Ltd v Astronomical Ltd [2008] EWHC 2862 (TCC) (07 November 2008)

Kehr & Tucker Ltd v Astronomical Ltd [2008] EWHC 2862 (TCC) (07 November 2008)

The contract was for the production of sufficiently detailed drawings for tender, following the architect's fixed layout. Changes after the agreed scope, if instructed by or on behalf of the defendant, are recoverable on a quantum meruit basis. The claimant is entitled to additional sums for properly authorised...

Source-derived case information.

Citation
[2008] EWHC 2862 (TCC)
Parties
Claimant: Kehr & Tucker Limited; Defendant: Astronomical Limited
Jurisdiction
England and Wales
Judgment Date
07 November 2008
Procedural Posture
Civil (contract Dispute) / Judgment After Trial
Outcome
Judgment for the Claimant
Legal Topics
Scope of Contractual Services, Quantum Meruit, Interpretation of Exclusions, Entitlement to Additional Payment
Contract Law Construction Law Scope of Contractual Services Quantum Meruit Interpretation of Exclusions Entitlement to Additional Payment

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kehr & Tucker Limited

Claimant

Astronomical Limited

Defendant

Procedural Posture

Civil (contract Dispute) / Judgment After Trial

Legal Issues

  1. 1 What was the scope of services agreed under the contract?
  2. 2 Are additional services performed outside the agreed scope recoverable, and if so, at what value?

Ratio Decidendi

The contract was for the production of sufficiently detailed drawings for tender, following the architect's fixed layout. Changes after the agreed scope, if instructed by or on behalf of the defendant, are recoverable on a quantum meruit basis. The claimant is entitled to additional sums for properly authorised extra work, as specified in the judgment.

Court Disposition

Judgment for the Claimant

Orders

  • Defendant to pay the claimant £22,244, including interest.
  • Costs to be agreed or liberty to apply.