Claims for Damages

Our client instructed a local architect to design and build new company headquarters. The architect was negligent because the agreed size of the building did not fit on the site. The architect was also negligent because he did not supervise and correct poor work of the air conditioning contractor. Our client suffered loss. Our client refused to pay the architect and the air conditioning contractor the balance of their accounts, £9000 and £20,000 respectively on the basis that his loss was greater than theirs.

On our advice the client proposed to the architect and air conditioning contractor that all parties walk away and write off their losses to experience.

The architect and the air conditioning contractor did not agree. Both commenced proceedings against our client. Our client counterclaimed for £90,000 and £40,000 respectively.

The architect eventually agreed to settle on both parties withdrawing their claims and the architect paid our costs of £70,000.

The air conditioning contractor's case went to a 12 day trial where our client was awarded £20,000 damages plus our costs of about £100,000 to be paid by the contractor.

The moral is: Don't go to Court but if you do let Fox Hayes handle your specialist litigation.