Fitzroy Robinson Ltd v Mentmore Towers Ltd [2009] EWHC 3365 (TCC) (21 December 2009)

Fitzroy Robinson Ltd v Mentmore Towers Ltd [2009] EWHC 3365 (TCC) (21 December 2009)

The fair proportion of the architect's fee due after suspension is to be calculated by reference to the percentage completion of RIBA Work Stages, as this best reflects the services actually performed under the contract. Fraudulent misrepresentation by the claimant only justifies a deduction to the extent of proven...

Source-derived case information.

Citation
[2009] EWHC 3365 (TCC)
Parties
Claimant: Fitzroy Robinson Limited; Defendant: Mentmore Towers Limited; Defendant: Good Start Limited; Defendant: Anglo Swiss Holdings Limited
Jurisdiction
England and Wales
Judgment Date
21 December 2009
Procedural Posture
Commercial Construction Contract Dispute / Quantum (assessment of Fees and Interest) Following Liability Judgment
Outcome
Judgment for the claimant (FRL) for outstanding fees and interest.
Legal Topics
Architects' Fees, Fraudulent Misrepresentation, Quantum Meruit, Interest on Commercial Debts, Professional Negligence, Contractual Interpretation
Contract Law Construction Law Commercial Law Architects' Fees Fraudulent Misrepresentation Quantum Meruit Interest on Commercial Debts Professional Negligence +1 more

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Parties

Fitzroy Robinson Limited

Claimant

Mentmore Towers Limited

Defendant

Good Start Limited

Defendant

Anglo Swiss Holdings Limited

Defendant

Procedural Posture

Commercial Construction Contract Dispute / Quantum (assessment of Fees and Interest) Following Liability Judgment

Legal Issues

  1. 1 How to assess the fair proportion of fees due to the claimant architect after suspension of services under the contract
  2. 2 Whether fraudulent misrepresentation by the claimant affects entitlement to fees
  3. 3 Whether allegations of professional negligence, underperformance, or delay affect the quantum of fees

Ratio Decidendi

The fair proportion of the architect's fee due after suspension is to be calculated by reference to the percentage completion of RIBA Work Stages, as this best reflects the services actually performed under the contract. Fraudulent misrepresentation by the claimant only justifies a deduction to the extent of proven duplication, which is already accounted for in the percentage completion methodology. Allegations of underperformance, quality, or delay do not further reduce the fee in the absence of specific evidence or counterclaim. Statutory interest at 8% over base is payable on unpaid instalments up to the date of suspension, and thereafter on the judgment sum, without remission.

Court Disposition

Judgment for the claimant (FRL) for outstanding fees and interest.

Orders

  • Defendants to pay FRL £550,218 as outstanding fees, exclusive of VAT and interest.
  • Interest to be paid at 8% over base rate under the Late Payment of Commercial Debts (Interest) Act 1998: (i) on unpaid instalments from due dates to 23 January 2008; (ii) on £550,218 from 23 January 2008 to 21 December 2009.