[2005] EWCA Civ 1585, 21 December 2005. O appealed against a decision that it was in breach of a design agreement. O had entered into an agreement with M to design and construct a power station, where the main foundations failed at an early stage. O's engineers had worked on the assumption that the ground had a certain load bearing capacity; this assumption was not verified by further investigation. M claimed damages for breach of contract. The judge at first instance held that O was in breach of the design agreement in that it had failed to verify the assumption upon which the design was based. On appeal "Held" O had been obliged to carry out its design with the care and skill of ordinarily competent engineers, in particular to see that work to verify the design assumption was undertaken by someone. It had failed to do this, and therefore was in breach of the design agreement. The judge's factual findings as to causation were justified and not amenable to appeal.