2 South West Building & Construction SOUTH WEST
August-September 2011
BUILDING & CONSTRUCTION
Tavistock Newspapers Ltd, 14 Brook Street, Tavistock, Devon, PL19 0HE. Tel: 01822 613666 Fax: 01822 618222
INSIDE THIS ISSUE
■ Aspects of Construction - Page 4 ■ Sands Consultants - Page 7 ■ Exeter Tyre Recovery - Page 9 ■ Focus on Plymouth area - Page 10 ■ Focus on North Devon - Page 14 ■ TW McCarten & Son - Page 16 ■ Environment Topics - Page 19 ■ Spotlight on Somerset - Page 29
CAPTION FOR FRONT PAGE PICTURES: News and information from the businesses on the front cover is featured in this issue of South West Building & Construction magazine.
Quote of the month
‘
It’s really difficult to be unhappy around a penguin... they are like puppies, times 10 - actor Jim Carrey who is in a new film about the birds
STEPHEN HOMER
Quantity or quality?
Stephen Homer, a former chairman of the CIC South West (Devon & Cornwall), discusses an interesting case.
THE case of Dhamija and another v Sunningdale Joineries Ltd from 2010 explored the scope of a quantity surveyor’s duty. The Dhamijas had employed an architect on their house building project, who recommended that McBains Cooper Consulting Ltd (‘McBains’) be appointed as quantity surveyor (QS). A dispute arose when the Dhamijas made allegations that the builder had carried out defective works, also alleging that the QS had failed its duty to value all of the work, including that which was ‘obviously defective’.
How you can contact us
EDITORIAL Editor: Paul White
Main contributor: Andrew Townsend Paul White Communications
PO Box 40, Callington, PL18 9WB ADVERTISING:
Judith Jewell Tel/Fax 01837 658941 E-mail
judithjewell@btinternet.com
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Due to the absence of a written contract between the Dhamijas and McBains, the Dhamijas sought to argue that a contract should be implied and that it was an implied term that McBains as quantity surveyor on the project had a duty to inspect all work. The court held that whilst there would be an implied term for the QS to use reasonable skill and care, it would not extend the duty further than this; the court said that a QS only had a duty in relation to what its name suggests - quantity. If it were the responsibility of the QS to inspect all works, including defective works, and to report any and all defects to the
architect, this would effectively leave the QS responsible for quality as well as quantity. The court took the opportunity to examine the law as it stands in the case of Sutcliffe v Chippendale and Edmondson, which held that the architect’s duty extended to informing the QS of any defective works so that the QS could then exclude such works from interim valuations. The QS had no such obligation to report defects to the architect and Coulson J stated that the QS is under no obligation with regard to the quality of the works. On this basis, the Dhamijas’ claim was struck out.
In the wider context, the opportunity to examine the role of the QS has been welcomed by the courts and QSs alike. This judgment is a welcome reminder that a QS’s duty is limited to issues of quantity and valuation and does not extend to issues of quality, as the employer sought to argue in this case. It also clarifies the extent of the QS’s duty in terms of where this ends and that of the architect begins in the event there is no formal contract setting this out. If anyone has any queries regarding this article I can be contacted at
s.homer@ashfords.co.uk.
South West Building & Construction Magazine
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Visit:
www.tavistock-today.co.uk and click on Special Publications
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DISCLAIMER: The CIC SW (Devon & Cornwall) will not accept any responsibility for any loss occasional to any person acting or refraining from action as a result of the material included in this publication.
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