Cases - Merton London Borough v Lowe

Record details

Name

Merton London Borough v Lowe

Date

[1982]

Citation

18 Build LR 130

Keywords

Final certificate

Summary

In 1964 the claimant employer engaged the defendant architect, pursuant to the terms of the Royal Institute of British Architects' (RIBA) Conditions of Engagement, to design and supervise the erection of an indoor swimming pool. The defendant architect specified a proprietary product for the ceilings. The main contractor was employed upon the terms of the JCT standard form of contract.

In 1967 cracks appeared in the ceilings, but the only action taken by the defendant architect was to instruct an unskilled manager to keep an eye on it. In May 1973 the defendant architect issued a certificate to the main contractor with a covering letter describing it as the final certificate. In 1974 new cracks appeared in the suspended ceiling and on investigation, it was discovered that the ceiling was entirely defective.

The court held that in the light of the covering letter, the certificate of May 1973 had been a final certificate and therefore the claimant lost the right to proceed against the main contractor in respect of the cracking. The claimant could therefore recover the cost of replacing the ceiling from the defendant.