Associated British Ports v Hydro Soil Services
Citation: All ER (D) 269 and EWHC 1187 (TCC)
Nature of case:
The claimant port operator brought an action for breach of contract in respect of reinforcement of the quay wall at Southampton against the defendant contractor, which counterclaimed for extra payment for unforeseeable physical conditions. The defendant also claimed against Part 20 sub-contract designers. In the result, the physical conditions were held not to be unforeseeable and the counter-claim failed. The unfitness of the works was held to be a matter of design.