MANAGEMENT / PLANNING
example of the care needed to draft such clauses is demonstrated in the case of Stephen & Carol West v Ian Finlay & Associates ( a firm ) [ 2014 ] EWCA Civ 316 . The case concerned the interpretation of the net contribution clause in the appointment agreement between the Wests and their architects Ian Finlay Associates .
The Wests appointed Ian Finlay Associates as their architect to design and administer works to their home , which included lowering the lower ground floor and replacing the plumbing , mechanical services and electrics . The Wests appointed a main contractor and also directly appointed certain specialist contractors to design and supply certain elements of the project . Unfortunately the works carried out by the main contractor were defective , in particular the lower ground floor suffered from damp ingress . The dispute went to court where the judge decided that the architect had been in breach of its professional duties , and the main contractor had been in breach of its contractual obligations to Mr & Mrs West ; both were therefore liable for the losses suffered by them . Unfortunately the main contractor had gone into liquidation and consequently the Wests sought to recover 100 % of their losses from the architects , under the rule of joint and several liability . The architects in turn sought
20 January 2016