Cases - Brown & Brown v Gilbert-Scott

Record details

Name
Brown & Brown v Gilbert-Scott
Date
(1992)
Citation
35 Con LR 120
Keywords
Contract administration
Summary

'Supervision' was not considered to be different from a duty to 'inspect' the works as they progressed (compare, however, the decision in Consarc Design v Hutch in which this case does not appear to have been cited).

The standard of care to be expected of the architect in inspecting the works depends on the circumstances. Relevant factors may include

  1. the age and experience of the contractor; and
  2. the price being paid for the work (applying Cotton v Wallis (1955)).

In judging the architect's performance, one must look at frequency of visits, the duration of each visit, what the architect did and how the visits fitted into the work being done by the builders.