Canadian Supreme Court – implications of a contractual warranty that goods supplied by a supplier of materials for a construction project ‘will be fit for the purpose for which they are to be used’ and a warranty and guarantee that the goods ‘are free from all defects arising at any time from faulty design’ in circumstances where the goods are supplied in accordance with the specifications of the owner and in conformity with the owner’s design.
Held: A ‘clear and unambiguous’ provision whereby a supplier ‘warrant[ed] and guarantee[d]’ that the supplied goods were ‘free from all defects . . arising from faulty design’ was held to apply in full, notwithstanding the immediately preceding warranty by the supplier that the goods would ‘conform to all applicable specifications’, and that those specifications were unsatisfactory and led to the defect complained of.
Citations:
[2012] BCCA 337, 327 BCAC 22
Links:
Jurisdiction:
Canada
Cited by:
Cited – MT Hojgaard As v EON Climate and Renewables UK Robin Rigg East Ltd and Another SC 3-Aug-2017
The defendants had requested tenders for the design and construction of an offshore wind farm. The court now considered the situation arising because of inconsistencies between documents in the tender request. The successful tender was based upon an . .
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 06 September 2022; Ref: scu.644057