National Museums and Galleries on Merseyside (Trustees of) v AEW Architects and Designers Ltd

An architect responsible for design coordination must design, or procure the design of, architectural features and provide the criteria needed for delegated design. The duty includes proper consideration of geometry, tolerances, safety, durability and the client’s approved design. A contractor’s limited design responsibility does not extend beyond the matters assigned to it by the construction contract.

Management time spent dealing with the consequences of negligence is recoverable where substantial diversion and business disruption are proved. Where some future losses cannot yet be quantified, the court may grant an indemnity declaration. Contribution is assessed by what is just and equitable having regard to each party’s responsibility.

The Museum of Liverpool was constructed for the claimant by a contractor, with the defendant acting as architect and contract administrator. The claim concerned defective external steps, seats and terraces, and defective suspended ceilings.

The court considered whether the architect was liable for failures in geometry, tolerances, concrete cover, design coordination and inspection; whether the contractor had contractual design responsibility for those matters; the recoverability and assessment of remedial losses; and the appropriate contribution between the defendant and contractor.

1. Architect’s liability. The architect was responsible for the general geometry and coordination of the steps, seats and terraces. It failed to understand and design the valley junction, failed to provide appropriate tolerances and gaps, and negligently instructed an unauthorised and unacceptable plinth solution. The features were architectural elements within the architect’s contractual sphere of responsibility.
2. The architect was also responsible for ensuring that the delegated reinforcement design had adequate criteria. A competent design for the waterfront amphitheatres should have allowed for a minimum life of 50 years and should have specified concrete cover of at least 30 mm, probably 35 mm. The approval of 25 mm cover was negligent.
3. The architect was liable for the Armstrong ceilings. The design and coordination failed to provide adequate perimeter support and suitable clips, and reasonable inspection would have revealed the unsafe installation. Liability for the SAS ceilings was admitted.
4. Contractor’s liability. The contractor’s Designed Portion included reinforcement placement and scheduling, but not the geometry or sizing of gaps between the units. It was not liable for the geometry or merely proposing a 10 mm gap. It was liable for installing units outside reasonable tolerance and for the careless reinforcement-cover design under clauses 2.1.2 and 2.7.1 of the construction contract.
5. Damages and indemnity. The claimant recovered £1,127,870.40 for the steps, seats and terraces, together with declarations indemnifying it against specified security and prolongation liabilities to the contractor. The court applied the principles in Aerospace Publishing Ltd v Thames Water Utilities Ltd [2007] EWCA Civ 3, R + V Versicherung AG v Risk Insurance and Reinsurance Solutions SA [2006] EWHC 42 (Comm) and Bridge UK Com Ltd v Abbey Pynford PLC [2007] EWHC 728 (TCC) in allowing properly established management time.
6. Under sections 1(1) and 2(1) of the Civil Liability (Contribution) Act 1978, the contractor was ordered to contribute 25% of the common damage, namely £205,080.90. Judgment was entered for the claimant against the architect and for the architect in the Part 20 proceedings.