Barratt Southampton Ltd v Fairclough Building Ltd
Barratt Southampton Ltd v Fairclough Building Ltd
- 1988
- Construction Industry Law Letter (1988) CILL 420-421(2) .
HH 23 May 1988. The two parties exchange d one housing estate for another. The dispute arose because certain roads and drains on the estate received by B were alleged to defective. By the terms of the exchange agreement F warranted that specific roads were "...constructed ...to the appropriate lines and levels as approved and inspected" by the local authority. There was a similar provision in relation to drains. B claimed that this was a warranty that the roads and drains had been constructed in accordance with good construction practice and to a standard fit for adoption by the local authority; alternatively that there was an implied term ... to the express terms agreed between the parties. This was a trial of the preliminary issue as to whether there were warranties or implied terms to this effect. B submitted that the agreement was half-way between an agreement for the sale of land with a house on it and an agreement for the sale of land with an undertaking to build a house on it.
BUILDING DEFECTS
HOUSING ESTATES
HH 23 May 1988. The two parties exchange d one housing estate for another. The dispute arose because certain roads and drains on the estate received by B were alleged to defective. By the terms of the exchange agreement F warranted that specific roads were "...constructed ...to the appropriate lines and levels as approved and inspected" by the local authority. There was a similar provision in relation to drains. B claimed that this was a warranty that the roads and drains had been constructed in accordance with good construction practice and to a standard fit for adoption by the local authority; alternatively that there was an implied term ... to the express terms agreed between the parties. This was a trial of the preliminary issue as to whether there were warranties or implied terms to this effect. B submitted that the agreement was half-way between an agreement for the sale of land with a house on it and an agreement for the sale of land with an undertaking to build a house on it.
BUILDING DEFECTS
HOUSING ESTATES