CFW Architects v Cowlin Construction Ltd

Citation: CILL 2335 TCC

Nature of case:
Contractors Cowlin engaged architects CFW for design work under design and build contract for Defence Housing Executive to build houses for service personnel.  A contract was agreed, although not signed, and held to incorporate SFA/99 and a payment schedule.  CFW delivered drawings late and, when Cowlin did not pay argued that Cowlin had repudiated the agreement.  The court held that a term should be implied obliging CFW to supply drawings in accordance with the payment schedule.  Cowlin had not repudiated the agreement, but CFW had and Cowlin was entitled to damages.

Counsel

Ian Pennicott QC

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