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Contract – Warranty. The parties had contracted for the design and installation of offshore wind turbines. There was failure in the foundations and a dispute arose regarding who was liable for the cost of remedial works. The judge found that the claimant contractor had been in breach of a warranty that the foundation would have a 20 year service life, but that it was not in breach of other clauses as contended for by the defendant employers. The Court of Appeal, Civil Division, allowed the claimant's appeal, as there had been no such warranty. The defendants' cross-appeal was allowed, as the claimant had been in breach of a provision regarding testing of the designs.
Contract – Warranty. The parties had contracted for the design and installation of offshore wind turbines. There was failure in the foundations and a dispute arose regarding who was liable for the cost of remedial works. The judge found that the claimant contractor had been in breach of a warranty that the foundation would have a 20 year service life, but that it was not in breach of other clauses as contended for by the defendant employers. The Court of Appeal, Civil Division, allowed the claimant's appeal, as there had been no such warranty. The defendants' cross-appeal was allowed, as the claimant had been in breach of a provision regarding testing of the designs.
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