BDW Trading Limited v Lantoom Limited

BDW Trading Limited v Lantoom Limited

The contract was formed on BDW's standard terms, which were incorporated by reference in the purchase order. The stone supplied was not of satisfactory quality or fit for the purpose of use as external walling stone/external leaf of a cavity wall, as evidenced by widespread cracking, spalling, and falling away, and supported by expert evidence and industry-standard testing. Lantoom breached express and implied terms as to quality and fitness for purpose. The failures were not caused by BDW's design, workmanship, or mortar, and Lantoom's arguments regarding 'proper use' and local practice were rejected. BDW is entitled to damages and indemnity for breach of contract; the claim for...

Parties
Claimant: BDW Trading Limited; Defendant: Lantoom Limited
Jurisdiction
England and Wales
Judgment Date
03 February 2023
Procedural Posture
Civil (commercial/construction) / Judgment After Trial on Liability
Outcome
Judgment for the Claimant (BDW Trading Limited) on liability
Legal Topics
Implied Terms, Fitness for Purpose, Satisfactory Quality, Misrepresentation, Contract Formation, Breach of Contract, Expert Evidence
Contract Law Sale of Goods Construction Law Misrepresentation Implied Terms Fitness for Purpose Satisfactory Quality Contract Formation +2 more

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Parties

BDW Trading Limited

Claimant

Lantoom Limited

Defendant

Procedural Posture

Civil (commercial/construction) / Judgment After Trial on Liability

Legal Issues

  1. 1 Whether BDW's standard terms were incorporated into the contract for supply of stone
  2. 2 Whether the stone supplied was of satisfactory quality and fit for purpose as external walling stone/external leaf of a cavity wall
  3. 3 Whether Lantoom made actionable misrepresentations as to the nature and suitability of the stone

Ratio Decidendi

The contract was formed on BDW's standard terms, which were incorporated by reference in the purchase order. The stone supplied was not of satisfactory quality or fit for the purpose of use as external walling stone/external leaf of a cavity wall, as evidenced by widespread cracking, spalling, and falling away, and supported by expert evidence and industry-standard testing. Lantoom breached express and implied terms as to quality and fitness for purpose. The failures were not caused by BDW's design, workmanship, or mortar, and Lantoom's arguments regarding 'proper use' and local practice were rejected. BDW is entitled to damages and indemnity for breach of contract; the claim for...

Court Disposition

Judgment for the Claimant (BDW Trading Limited) on liability

Orders

  • Declaration that Lantoom Limited is liable for breach of contract and misrepresentation as to suitability for use as external walling stone/external leaf of a cavity wall
  • BDW entitled to damages and indemnity under the contract; quantum to be determined at a later hearing