Your Fault Or Mine? It's All In The Contract

Last year we reported on the case of Midlothian Council v Bracewell Stirling Architects which looked at the lead consultant's role in a project and the extent to which it could be held responsible for works carried out by others.

The case turned on the correct interpretation of the lead consultant architect's appointment. According to the Council the architect had assumed responsibility for the works (including the ground investigations) carried out and reviewed by the other defenders. In turn they had assumed responsibility for the other defenders' negligence in carrying out those works.

Having failed to persuade the commercial judge that the lead consultant was responsible for any negligent act or omission of the other defenders, the Council appealed the decision to the Inner House of the Court of Session.