MJS PROJECTS (MARCH) LTD v RPS CONSULTING SERVICES LTD

[2025] EWHC 831 (TCC) Technology and Construction Court, Her Honour Judge Kelly sitting as a Judge of the High Court, 9 April 2025

Liability of an architect – Damage caused not by defendant’s design but by construction errors for which the defendant was not responsible

The claimant was the contractor for the construction of a container park under a design and build contract. The claimant subcontracted the design of the container park to the defendant. Part of the project required the installation of drains and three Gatic slot drains were included in the design. The build was completed in August 2017 but by December 2017 areas of concrete surrounding the slot drains were found to be suffering from deterioration and damage. The dispute between the parties was over whether the deterioration and damage was caused by the defendant's design or by the manner in which the drains were constructed or both. The claimant brought its claim against the defendant in negligence and for breach of contract.