Cases - Stephen Donald Architects Ltd v King

Record details

Name

Stephen Donald Architects Ltd v King

Date

[2003]

Citation

EWHC 1867 (TCC)

Keywords

Contract - pre-contract discussions between friends - quantum meruit - work carried out prior to the point at which a building contract might have been concluded - whether the claimant was entitled to payment on a quantum meruit basis for work carried out on a contract which did not come to fruition

Summary

The claimant architect was a friend of the defendant, who intended to redevelop a property to provide a business premises. There were numerous discussions about the possible redevelopment, a number of which took place in public houses, during which 'the enthusiasm of the participants in the conversation for pressing ahead with the scheme was reinforced by liquid refreshment.' Nothing was agreed definitely, but the contemplation was that the likely means by which the claimant would be compensated for his contribution to the development was by the grant to him of a lease of one of the flats. The claimant undertook architectural work, including obtaining planning permission. However, it was held that the claimant had undertaken the risk in relation to his work up to the point at which a building contract might have been concluded, either that sufficient finance would not be arranged or that the terms of the finance might be perceived by the defendant as unsatisfactory. Since the project did not come to fruition, the claim for payment on a quantum meruit basis failed.