11 Mar 2015
CAPELLA LTD v. ABILITY R&D LTD
- Citation
- CAPELLA LTD v. ABILITY R&D LTD
- Court
- Court of Appeal
- Case number
- CACV142/2014
The Court allowed Ability’s appeal only on Item 1 because Capella, having contracted to design, supply and install the frameless glass door, was responsible for defective workmanship shown by expert agreement; the Judge erred in equating lack of structural failure with absence of defective workmanship. The Court dismissed Item 2 because Capella’s project management obligation did not extend to remedying structural defects by other contractors and no implied duty to alert arose. Item 3 was dismissed as the quotation, properly construed, required Grade 316 only for the outer frame/supports spec…