Cases - Cotton v Wallis

Record details

Name

Cotton v Wallis

Date

[1955]

Citation

1 WLR 1 168

Keywords

Contract administration

Summary

In this controversial case, the claimant architect brought proceedings against the defendant employer for non-payment of professional fees. The employer counterclaimed for the cost of remedying defects which had emerged following the defendant's issue of a final certificate to the contractor under a standard form RIBA contract. Building work was to be done under the contract 'to the reasonable satisfaction of the architect'. It was found that the work contained defects (in the words of the trial judge, it had been 'scamped'). Further, both parties accepted that the construction cost was particularly low.

The Court of Appeal held that, in the circumstances, the architect was not negligent in certifying the works as complete, irrespective of the existence of defective works, as he was permitted to a limited degree of tolerance on account of the low price. This was the case even though the contract bills required that the workmanship and materials were to be of the 'best of their respective kinds'.

Lord Justice Denning (as he then was) dissented from the majority view, holding that it did not matter that the price was a low one; it is the builder's obligation to see that his contract is properly carried out.