Cases - Moon v Witney Guardians

Record details

Name

Moon v Witney Guardians

Date

(1837)

Citation

3 Bing NC 814

Keywords

Contract administration

Summary

An architect had a right to employ a quantity surveyor and to pass the cost of employing him on to the employer, where the employer has authorised the architect to obtain tenders and where such tenders could only be obtained if quantities were prepared and issued. Whilst this accorded with usual industry practice in the early nineteenth century, it probably cannot be relied on as being applicable to current practice and norms. It is submitted that it will depend on the terms of the architect's engagement whether he will be required to cover the cost of employing a quantity surveyor himself or whether he is entitled to recover payment from the employer.