In acting under clause 66 of the ICE conditions, the Engineer was in the intermediate position of a quasi-arbitrator. The House described in terms of ‘fairness’ the duty of an architect when acting not as an arbitrator or quasi-arbitrator but in the role of valuer or certifier.
An action for damages for negligence will lie against a valuer to whom the parties have referred the question of valuation if one of them suffers loss as the result of his negligent valuation.
Lord Reid spoke of a duty to act in a fair and unbiased manner or fairly and impartially. Viscount Dilhorne regarded an honest exercise of professional skill and judgment as enough.
Judges:
Lord Reid, Lord Hodson, Lord Morris and Lord Salmon, Viscount Dilhorne
Citations:
[1974] AC 727, [1974] 1 All ER 859, [1974] 2 WLR 295, [1974] 1 Lloyds Rep 318
Jurisdiction:
England and Wales
Cited by:
Cited – Canterbury Pipe Lines v The Christchurch Drainage Board 1979
(New Zealand Court of Appeal) ‘In Hatrick the term ‘fairness’ was avoided in the judgments, Richmond J saying that he resisted it partly because of its vagueness and partly because it might be regarded as equivalent to natural justice. . . . In our . .
Lists of cited by and citing cases may be incomplete.
Construction, Arbitration, Professional Negligence
Updated: 12 September 2022; Ref: scu.224303
