Acotec UK Ltd v McLaughlin & Harvey Ltd

Contract law – Terms – Implied terms – Breach of contract. Court of Session: In an action in which the pursuer sought payment by the defender of the balance of charges due for the hire of a mobile cofferdam and the defender maintained that it was not liable to pay hire charges for periods when the cofferdam could not be operated and counterclaimed for repetition of overpaid hire charges and damages in respect of the pursuer's breach of contract, the court held that a term fell to be implied that the pursuer would provide the defender with the cofferdam design information which it needed in order to fulfil its obligations under the Construction (Design and Management) Regulations 2007, the pursuer was in breach of the implied term; there were several periods during the hire when the cofferdam could not be used because of the pursuer's breach of its obligation to provide a fully operational cofferdam; the defender was entitled to damages; and there had been an overpayment of hire charges.

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