Civil Engineering Reference
In-Depth Information
Chapter 6
The Contractor's Obligations
Design
In the classic form of building contract, the employer and his professional advisers assume
responsibility for the design of the building, and the contractor agrees to build the building
as designed. In such a contract, the contractor does not in principle undertake liability for
the design.
Bower v. Chapel-en-le-Frith Rural District Council
KING's BENCH DIVISION
(1911) 9 LGR 339
The plaintiffs were the successful tenderers for the erection of a waterworks for the
Council. The contract was for a lump sum and contained speciications and bills of
quantities. The plaintiffs were required by the contract to buy a windmill tower and
pump from a named supplier at a named price and to ix them. The windmill proved
hopelessly defective. The Council claimed that the plaintiffs must replace it with an
eficient one. The plaintiffs argued that they were not responsible as they had played
no part in the choice of the windmill. It was not argued that the default was in any way
due to defective installation.
Held:
The plaintiffs were not liable.
LAWRENCE J: The question is: Were the plaintiffs liable for the ineficient working of the mill,
or did their liability cease when they properly erected it under the contract? Another way of
putting the question is: Was the plaintiffs' contract to make the mill answer its purpose; or
was it a contract to do the work in accordance with the speciication and plans? I need hardly
say that in my judgment the answer to each of these questions should be in favour of the
plaintiffs on the ground that I have already given, namely, that the mill was chosen by the
defendants, and it was the mill the plaintiffs were bound by their contract to erect, and which
they did erect, and that the plaintiffs had no means or power of objecting to the mill, or alter-
ing it, or doing anything to it. It was no part of their contract to guarantee in any way that
the mill would be eficient.
