Cases - Roberts v Bury Commissioners

Record details

Name

Roberts v Bury Commissioners

Date

(1870)

Citation

LR 5 CP 310

Keywords

Extension of time - wrongful termination

Summary

This case is usually cited in the context of architect's certificates and extensions of time. An engineering contract contained an extension of time clause pursuant to which the architect was permitted to grant an extension of time for a failure to supply directions and drawings to the contractor timeously. There was a separate forfeiture clause which enabled the employer to terminate the contract if, in the opinion of the architect, the contractor failed to proceed with due diligence. In the contractor's action for wrongful termination the employer contended that the architect had certified that the contractor had not proceeded with due diligence. The contractor's answer to that allegation was that the delay had been caused by a failure to supply plans and drawings and to set out the land. It was held (by a majority of the Court of Exchequer Chamber) that:

• the architect had no power to bind the contractor under the forfeiture clause (since the architect's opinion could not be binding when prevention was alleged by the contractor); and
• granting an extension of time only bound the employer and not the contractor.

The proposition with regard to possession of the site stated in the text formed part of the reasoning of at least 2 (out of 6) of the judges.