Mackel & Doherty (p/a Mackel and Doherty, Architects) v Rafferty (p/a Declan Rafferty, Architects) [2014] NIQB 113 (18 August 2014)

Mackel & Doherty (p/a Mackel and Doherty, Architects) v Rafferty (p/a Declan Rafferty, Architects) [2014] NIQB 113 (18 August 2014)

The defendant is liable to pay the plaintiffs for architectural services provided, as the agreements were not conditional on the defendant's receipt of payment from his client. The plaintiffs substantiated their claims with evidence, and the only deduction warranted was for incomplete work on one project, assessed at 25%.

Citation
[2014] NIQB 113
Parties
Plaintiff: Kieran Mackel and Michael Doherty (practicing as Mackel and Doherty, Architects); Defendant: Declan Rafferty (practicing as Declan Rafferty, Architects)
Jurisdiction
Northern Ireland
Judgment Date
18 August 2014
Procedural Posture
Civil Claim for Unpaid Professional Fees / First Instance Judgment
Outcome
judgment for the plaintiffs with deduction for incomplete work
Legal Topics
Recovery of Fees, Architectural Services, Subcontracting, Partnership Dissolution
Contract Law Professional Services Recovery of Fees Architectural Services Subcontracting Partnership Dissolution

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Kieran Mackel and Michael Doherty (practicing as Mackel and Doherty, Architects)

Plaintiff

Declan Rafferty (practicing as Declan Rafferty, Architects)

Defendant

Procedural Posture

Civil Claim for Unpaid Professional Fees / First Instance Judgment

Legal Issues

  1. 1 Whether the defendant is liable to pay the plaintiffs for architectural services provided on five projects
  2. 2 Whether payment to the plaintiffs was conditional on the defendant receiving payment from his client
  3. 3 Whether the quality and extent of work justified the fees claimed

Ratio Decidendi

The defendant is liable to pay the plaintiffs for architectural services provided, as the agreements were not conditional on the defendant's receipt of payment from his client. The plaintiffs substantiated their claims with evidence, and the only deduction warranted was for incomplete work on one project, assessed at 25%.

Court Disposition

judgment for the plaintiffs with deduction for incomplete work

Orders

  • Plaintiffs awarded £91,738.31 (total claim less £25,000 deduction)
  • Defendant to pay plaintiffs' costs