Colback -v- Deerglen (Jersey) Limited [2013] JRC 049 (04 March 2013)

Colback -v- Deerglen (Jersey) Limited [2013] JRC 049 (04 March 2013)

The defects in the glazed canopy were caused by Deerglen’s failure to comply with its own drawings, installation of unadjustable steel beams of irregular height, incorrect information regarding parapet height, and lack of supervision. Pro-Fit was not in breach of contract nor lacking in skill. The canopy was fit for purpose as required by the contract.

Citation
[2013] JRC 049
Parties
Plaintiff: Pro-Fit; Defendant: Deerglen
Jurisdiction
Jersey
Judgment Date
04 March 2013
Procedural Posture
Civil / Final Judgment
Outcome
judgment for plaintiff
Legal Topics
Breach of Contract, Fitness for Purpose, Sub Contractor Liability, Counter Claim, Damages
Construction Law Contract Law Breach of Contract Fitness for Purpose Sub Contractor Liability Counter Claim Damages

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Parties

Pro-Fit

Plaintiff

Deerglen

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether defects in the glazed canopy were caused by Pro-Fit’s breach of contract or lack of skill
  2. 2 Whether the canopy was fit for purpose
  3. 3 Whether Deerglen’s counter-claim for replacement costs is valid

Ratio Decidendi

The defects in the glazed canopy were caused by Deerglen’s failure to comply with its own drawings, installation of unadjustable steel beams of irregular height, incorrect information regarding parapet height, and lack of supervision. Pro-Fit was not in breach of contract nor lacking in skill. The canopy was fit for purpose as required by the contract.

Court Disposition

judgment for plaintiff

Orders

  • Pro-Fit awarded £20,093 plus interest at court rate
  • Counter-claim dismissed