CSS Surveying Ltd v Enterprise Managed Services Ltd [2013] NIQB 80 (26 June 2013)

CSS Surveying Ltd v Enterprise Managed Services Ltd [2013] NIQB 80 (26 June 2013)

Tender C281 and the sub-contract did not provide any representation entitling the plaintiff to rely upon the figure of up to 44,000 surveys as a condition of any contract. The contract terms and incorporated tender documents made clear the figure was an estimate, not a guarantee, and required the tenderer to have...

Source-derived case information.

Citation
[2013] NIQB 80
Parties
Plaintiff: CSS Surveying Ltd; Defendant: Enterprise Managed Services Ltd
Jurisdiction
Northern Ireland
Judgment Date
26 June 2013
Procedural Posture
Commercial Contract Dispute / Preliminary Issue Determination
Outcome
preliminary issue determined in favour of defendant
Legal Topics
Interpretation of Contract Terms, Misrepresentation, Tender Process, Sub Contracting, Entire Agreement Clause, No Reliance Clause
Contract Law Commercial Law Interpretation of Contract Terms Misrepresentation Tender Process Sub Contracting Entire Agreement Clause No Reliance Clause

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Summary, issues, holding and outcome

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Parties

CSS Surveying Ltd

Plaintiff

Enterprise Managed Services Ltd

Defendant

Procedural Posture

Commercial Contract Dispute / Preliminary Issue Determination

Legal Issues

  1. 1 Whether the plaintiff was entitled to rely on the figure of up to 44,000 surveys as a condition of the contract
  2. 2 Whether the plaintiff can pursue a claim for misrepresentation based on representations regarding survey numbers
  3. 3 Effect of entire agreement and no reliance clauses

Ratio Decidendi

Tender C281 and the sub-contract did not provide any representation entitling the plaintiff to rely upon the figure of up to 44,000 surveys as a condition of any contract. The contract terms and incorporated tender documents made clear the figure was an estimate, not a guarantee, and required the tenderer to have capacity but not assurance of volume.

Court Disposition

preliminary issue determined in favour of defendant

Orders

  • Tender C281 did not provide any representation entitling plaintiff to rely upon the figure of up to 44,000 surveys as a condition of contract.