Cases - Stockport MBC v O'Reilly

Record details

Name

Stockport MBC v O'Reilly

Date

(1978)

Citation

1 Lloyd's Rep 595

Keywords

Contract - terms - architect's acts ultra vires - agency - acting without authority - variations - whether the architect's ultra vires acts varied the contract

Summary

O'Reilly entered into a contract with the claimant to build 105 houses. The agreement provided for a completion date in November 1969. The architect sought to impose phases in place of dates and gave directions to employ certain people on particular parts of the work. These instructions, and others, were not empowered by any of the conditions of the contract. It was held that an architect's ultra vires acts do not saddle the employer with liability. 'The architect is not the employer's agent in that respect. He has no authority to vary the contract.' If the parties acquiesce in the instruction the contract may be pro tanto varied and then the acts cannot be complained of. However, the contractor is entitled to protest and to ignore them. Either way, the contractor cannot saddle the employer with responsibility for them.