Fitzroy Robinson Ltd v Mentmore Towers Ltd

Fitzroy Robinson Ltd v Mentmore Towers Ltd

Fees due to FRL are to be calculated by reference to percentage completion of RIBA Work Stages, not time expended or work left to perform. The only deduction for fraudulent misrepresentation is already accounted for in the methodology. No further deduction for quality, underperformance, or delay is warranted. Statutory interest at 8% over base is payable on unpaid instalments until 23 January 2008, and on the judgment sum thereafter, without remission.

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 Contract Dispute / Final Judgment on Quantum
Outcome
Judgment for Claimant
Legal Topics
Architects' Fees, Fraudulent Misrepresentation, Professional Negligence, Interest on Commercial Debts, Contractual Interpretation
Contract Law Commercial Law Construction Law Architects' Fees Fraudulent Misrepresentation Professional Negligence Interest on Commercial Debts Contractual Interpretation

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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 Contract Dispute / Final Judgment on Quantum

Legal Issues

  1. 1 Proper calculation of fees due to architect after suspension of services
  2. 2 Effect of fraudulent misrepresentation on fee entitlement
  3. 3 Entitlement to interest under Late Payment of Commercial Debts (Interest) Act 1998

Ratio Decidendi

Fees due to FRL are to be calculated by reference to percentage completion of RIBA Work Stages, not time expended or work left to perform. The only deduction for fraudulent misrepresentation is already accounted for in the methodology. No further deduction for quality, underperformance, or delay is warranted. Statutory interest at 8% over base is payable on unpaid instalments until 23 January 2008, and on the judgment sum thereafter, without remission.

Court Disposition

Judgment for Claimant

Orders

  • FRL entitled to £550,218 plus VAT as outstanding fees under clause 16.3 of the contracts
  • Interest at 8% over base rate payable on unpaid instalments until 23 January 2008