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.