The architect’s administration role under a spotlight: Robinson v KennyAuthor : Nick Lux - Partner and Christy Mellifont - Solicitor

Construction and Contract Works

In the recent Federal Court decision of Robinson v Kenny [2014] FCA 988, her Honour Justice Farrell considered the conduct of an architect in respect of representations made concerning the price (or likely price) of a client’s building works. Her Honour found that the architect engaged in misleading or deceptive conduct when the building works subsequently cost more than the architect’s represented estimate on the basis that the architect had no reasonable basis for making the representations as to price (or likely price).

The Court’s decision provides an interesting commentary and insight into the role which the architect assumes when adopting a contract administration role and the importance of the architect ensuring, as best as he or she can, that any representations made in respect of the likely final price of the building works have a reasonable basis and are reasonably accurate.

Nick Lux and Christy Mellifont consider the Court’s decision in this case note.