Liability Of The Quantity Surveyor For Defects

The recent case of Dhamija v Sunningdale Joineries and Others considers whether a quantity surveyor who values work that is "obviously defective" is negligent.

The Facts

The claimants (Dhamija) brought an action for damages against a quantity surveyor (McBains). In this action, Dhamija alleged that McBains had been negligent in valuing works that were obviously defective and Dhamija was seeking to recover damages on that basis.

The Issue

The issue considered was whether a quantity surveyor had a duty not to include in any valuation the value of works that were obviously defective.

The Decision

The leading authority on the obligations owed by a quantity surveyor in connection with defective work is Sutcliffe v Chippendale & Edmondson (1971) BLR 149.In line with that decision, it was held that the quantity surveyor owes no duties to positively determine the quality of works. The responsibility for determining the quality of works rests with the architect.