Gort-Barten & Anor v M A Cherrington Ltd

Gort-Barten & Anor v M A Cherrington Ltd

There was no implied agreement and no implied terms imposing a design obligation on the Claimant; the scope of the Claimant's involvement in detailed design was governed by the express terms of the Contract, and it was not reasonable, necessary, obvious, or capable of clear expression to imply such a term in a...

Source-derived case information.

Parties
Claimant: Mr. and Mrs. Gort-Barten; Respondent: M. A. Cherrington Limited
Jurisdiction
England and Wales
Judgment Date
08 November 2006
Procedural Posture
Appeal From Arbitration Award / Judgment on Substantive Appeal
Outcome
Appeal allowed
Legal Topics
Implied Terms, Design and Build Contracts, Arbitration Appeals, Contract Interpretation
Contract Law Construction Law Arbitration Implied Terms Design and Build Contracts Arbitration Appeals Contract Interpretation

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Parties

Mr. and Mrs. Gort-Barten

Claimant

M. A. Cherrington Limited

Respondent

Procedural Posture

Appeal From Arbitration Award / Judgment on Substantive Appeal

Legal Issues

  1. 1 Whether there was an implied agreement or implied terms imposing a design obligation on the Claimant in a design and build contract

Ratio Decidendi

There was no implied agreement and no implied terms imposing a design obligation on the Claimant; the scope of the Claimant's involvement in detailed design was governed by the express terms of the Contract, and it was not reasonable, necessary, obvious, or capable of clear expression to imply such a term in a design and build contract.

Court Disposition

Appeal allowed

Orders

  • No implied agreement or implied terms imposing a design obligation on the Claimant
  • No order as to costs; each party to bear their own legal and professional costs