000			01640cab a2200169 4500
001			##L133444
008			060508n2006 000 0 eng u
035			_a(Sirsi) u133444
041	0		_aeng
245	0	0	_aOve Arup and Partners Ltd and another v Mirant Asia-Pacific Construction (Hong Kong) Ltd and another
260			_c2006
490		0	_aConstruction Industry Law Letter _vApril 2006, 2325-2329(5)
520			_a[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.
650	2	4	_aOVE ARUP AND PARTNERS LTD AND ANOTHER V MIRANT ASIA-PACIFIC CONSTRUCTION (HONG KONG) LTD AND ANOTHER
690			_aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ADVOCACY
942			_n0
999			_c77010 _d77010