ARCHITECT’s DUTY OF CARE TO SUBSEQUENT OWNERS LIMITED BY TERMS OF RETAINER

Bellefield Computer Services v E Turner & Sons Ltd and Others [2002] EWCA Civ 1823 (18 December 2002)

The Court of Appeal in Bellefield Computer Services v E Turner & Sons Ltd and Others [2002] EWCA Civ 1823 (18 December 2002) has dismissed an appeal from the decision of Mr Justice Thayne Forbes (on which see our December 2001 issue, pp.4–7) and held that the architect’s duty of care to a subsequent owner of a building was limited by the terms of the contract under which the architect was retained. Further, the Court of Appeal held that the extent of an architect’s responsibility for the detailed working out of construction details for which he has provided an underlying design depends upon the express and implied terms of the architect’s engagement and its inter-relationship with the responsibility of others involved in the construction project.