Architect Consarc Design Ltd has successfully defended itself against a damages claim for the delayed completion of the fitting out of a summer house in the grounds of Tittenhurst Park, Sunninghill, Berkshire.
The claim by Hutch Investments Ltd, a company run by the Sheikh of Abu Dhabi, the owner of the property, followed the settlement of an action by Consarc against Hutch for unpaid fees in respect of work done at the property.
The summer house was originally built to Consarcs design as a “Majlis” or meeting house, but was later intended for use as a residence for the Sheikh on his visits to England.
The court was told that the cost of fitting out the summer house fell between £1.6m and £2m, and, under the terms of the contract, should have been completed by 6 July 1998.
Hutch complained that Consarc should have explained, at a meeting on 11 March 1998, that the 6 July completion date was not feasible.
Dismissing the claim, Judge Bowsher QC said: “It was perfectly reasonable for Consarc, on 11 March 1998, to think that the programme put forward was achievable, and, in the circumstances, Consarc had no duty to warn Hutch that it was not achievable.”
Consarc Design Ltd v Hutch Investments Ltd Technology and Construction Court Judge Bowsher QC 19 February 2002.
Simon Lofthouse (instructed by Simmons & Simmons) appeared for the claimant; Michael Soole (instructed by Reynolds Porter Chamberlain) appeared for the defendant.
PLS News 22/02/02
