Cases - Bacal Construction (Midlands) Ltd v The Northampton Development Corporation

Record details

Name
Bacal Construction (Midlands) Ltd v The Northampton Development Corporation
Date
(1975)
Citation
8 B.L.R.88
Keywords
Construction claims
Summary

The claimant contractor had prepared foundation designs on the assumption that the soil conditions were as shown on the data provided by the defendant employer. There was a further, express statement in the tender documentation that the soil was of a particular type. During the works, different soil conditions were discovered, necessitating a redesign and additional work. The claimant contended that it was an implied term of the contract that the ground conditions would accord with the data given to it.

The Court of Appeal agreed, relying on the express words of the contract (which did not provide for additional payment for this additional work) to imply a warranty on the basis that the parties must have intended it.