Architect Employment Terminated before Final Certificate

In an interesting case recently we acted for a contractor against an Employer under a JCT standard contract when the Architect’s employment was terminated by the Employer – who then in breach of contract failed to replace the Architect. Consequently there was no extension of time granted, no issue of the Certificate of Practical Completion, no list of defects, no Certificate of Making Good Defects and no Final Certificate.

The contractor completed the Contract Works but then failed to make any headway with the Employer in agreeing the final account. Eventually the contractor came to us and we commenced an adjudication on their behalf wrapping up all the claims into one reference. The claim we put forward was for an evaluation and issue of the final account including a Final Certificate and the payment of any monies found due, together with the claim for costs or damages. The claim includes a claim for an evaluation of the work carried out including the release of retention and an extension of time.

As soon as the Notice to Refer and then Referral Document was served the Employer negotiated a compromise settlement with our client.