Contractor loses appeal over aggregates that “turned to slurry”
Contractor Readie Construction has lost an appeal after it was ordered to pay a supplier more than £220,000 for aggregates which “turned to slurry” after heavy rain on a warehouse building job.
Geo Quarries Ltd supplied aggregates in 2018 to help build a sub–base between the ground–bearing slab of a new warehouse in Wootton, Bedfordshire and associated hard standings that Readie was constructing.
Readie claimed the materials were defective after heavy overnight rain caused the aggregate to liquify and turn into slurry.
The contractor refused to pay for the final batch of aggregates worth £224,091.52 but was ordered to by a county court decision which it subsequently appealed.
The appeal was turned down in the High Court last week and Justice Spencer said in his judgement: “Where Geo delivers goods which are bone fide purported delivery under the contract (thus excluding situations of fraud), then in my judgment there has been delivery under the contract for the purposes of the terms and conditions and Readie cannot withhold payment on the basis that the goods do not come up to specification.”
For full details of the High Court decision click here.
Source: Construction Enquirer