Co-Operative Insurance Society Ltd. v Henry Boot Scotland Ltd & Ors [2002] EWHC 1270 (TCC) (01 July 2002)

Co-Operative Insurance Society Ltd. v Henry Boot Scotland Ltd & Ors [2002] EWHC 1270 (TCC) (01 July 2002)

The Terra Tek Report was not incorporated into the contract as a Contract Document; references in drawings were informational only and insufficient for incorporation. No express or implied warranty or representation arose from the Terra Tek Report. Clause 2.2.2.4 allocates risk of unforeseen ground conditions to Boot, subject to other express provisions. The contractual risk for ground conditions rests with Boot unless CIS failed to provide required information under other express terms.

Citation
[2002] EWHC 1270 (TCC)
Parties
Claimant: Co-operative Insurance Society Limited; First Defendant: Henry Boot Scotland Limited; Second Defendant: Henry Boot PLC; Third Defendant: Crouch Hogg Waterman Limited
Jurisdiction
England and Wales
Judgment Date
01 July 2002
Procedural Posture
Commercial Construction Dispute / Preliminary Issues Determination
Outcome
Preliminary issues determined; Terra Tek Report not incorporated; risk allocated to contractor.
Legal Topics
Contractual Interpretation, Incorporation by Reference, Allocation of Risk, Ground Conditions, Implied Terms, Warranties, Misrepresentation
Construction Law Contract Law Contractual Interpretation Incorporation by Reference Allocation of Risk Ground Conditions Implied Terms Warranties +1 more

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Parties

Co-operative Insurance Society Limited

Claimant

Henry Boot Scotland Limited

First Defendant

Henry Boot PLC

Second Defendant

Crouch Hogg Waterman Limited

Third Defendant

Procedural Posture

Commercial Construction Dispute / Preliminary Issues Determination

Legal Issues

  1. 1 Was the Terra Tek Report of 1994 a Contract Document?
  2. 2 Did the Terra Tek Report amount to a warranty or representation from CIS regarding ground conditions?
  3. 3 What are Boot's contractual obligations regarding basement wall design and construction?

Ratio Decidendi

The Terra Tek Report was not incorporated into the contract as a Contract Document; references in drawings were informational only and insufficient for incorporation. No express or implied warranty or representation arose from the Terra Tek Report. Clause 2.2.2.4 allocates risk of unforeseen ground conditions to Boot, subject to other express provisions. The contractual risk for ground conditions rests with Boot unless CIS failed to provide required information under other express terms.

Court Disposition

Preliminary issues determined; Terra Tek Report not incorporated; risk allocated to contractor.

Orders

  • Terra Tek Report not a Contract Document.
  • No warranty or representation by CIS regarding ground conditions based on Terra Tek Report.