Source: All England Reporter
Publisher Citation: [2009] All ER (D) 89 (Jul)
Neutral Citation: [2009] EWHC 1552 (TCC)
Court: Queen's Bench Division, Technology and Construction Court
Judge:

Coulson J

Representation Peter Fraser QC and Zulfikar Khayum (instructed by Laytons) for the claimant.
  Paul Darling QC and Marc Rowlands (instructed by Mishcon de Reya) for the defendants.  
Judgment Dates: 7 July 2009

Catchwords

Contract - Payment - Instalments - Defendant developers appointing claimant architect to complete two projects to agreed time-scale - One project subject to delay and subsequently suspended by defendants - Defendants failing to pay claimant instalments due under contracts - Whether sums due under instalments requiring adjustments to reflect delay.

The Case

Contract Payment. Queen's Bench Division: On the true construction of the contract between the claimant architects firm and the defendant developers, the fees to which the former were contractually entitled had to be adjusted to reflect the delays to the projects which it had been appointed to complete.

Practice Areas

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