Cases - Croudace v London Borough of Lambeth

Record details

Name

Croudace v London Borough of Lambeth

Date

[1986]

Citation

33 BLR 20

Keywords

Construction contracts - certification - absence of certifier - implied term - failure by employer to nominate replacement certifier - breach of contract - measure of loss and damage to contractor - whether contractor had claim for payment under contract in absence of certificate

Summary

The claimant agreed to construct house for the defendant under the JCT Standard Form Local Authorities (1963 edition, July 1977 revision). It was common ground that the claimant's claim under the agreement for its loss and expense could not be maintained by action in the absence of a certificate from the architect.

The absence of the certificate was itself caused by the breach of an implied obligation upon the employer to nominate a replacement for the architect when he had retired. The failure to take such steps as were necessary to enable the contractor's claim for loss and expense to be ascertained caused the contractor loss in the sum which would have been ascertained. Whilst therefore the contractor did not have a claim for payment under the contract, it had a claim for loss and damage for breach of it.