Arcadis Consulting (UK) Ltd v AMEC (BSC) Ltd
Citation:  EWHC 2509 (TCC)
The parties applied to the Court for declaratory relief in relation to the formation of a contract and, if there was a contract, in relation to the incorporation of particular terms, including a limitation of liability provision which Hyder asserted had the effect of capping its liability in respect of defective design. Buchan contended that the parties’ relationship was governed by letters of intent and that if there was a contract, it did not incorporate the limitation of liability provision. The Court applied the principles laid down in RTS Flexible Systems  UKSC 14 (amongst others) and concluded that there was a simple contract between the parties, but that Hyder’s liability was uncapped.