Civil Engineering Reference
In-Depth Information
far to suggest that an architect or other consultant who is asked to assist in this way should
consult their own advisers with a view to protecting their positions in the future.
An architect recently asked whether or not there was a duty to assist the employer in an
adjudication that had been commenced by the contractor some time after the employer had
decided to do without the services of the architect halfway through the project. The em-
ployer's legal advisers were pressing the architect to attend meetings and even to decide
matters of extension of time and loss and/or expense. In such situations, the architect has
no duty other than providing the employer with copies of documents on payment of reas-
onable copying expenses. By dispensing with the architect's services, the employer was no
longer relying on the architect's skill and care. If the architect was asked to provide a wit-
ness statement as to facts, it is arguable that the architect could refuse. An architect asked
togiveevidenceinarbitrationorlitigationcouldfaceasubpoenatodoso.Butanemployer
who had sacked the architect would probably have little to gain by trying to force the ar-
chitect to give evidence in such cases.
