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UK Supreme Court Finds that Fitness for Purpose Warranty Is Not Limited by Obligation to Comply with Defective Standard
15 August 2017
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On 3 August 2017, the UK Supreme Court delivered its judgment in
MT Højgaard A/S v E.ON Climate & Renewables UK Robin Rigg East Limited and another
 UKSC 59, in which it ruled that a defective specification provided by an employer did not absolve a contractor of responsibility for complying with an express warranty of fitness for purpose.
Although each case will turn on its own facts, the Supreme Court’s decision confirms that the courts will generally give full effect to a requirement that an item or work complies with prescribed criteria.
This case serves as an important reminder that a contractor’s obligations will not be qualified even if the employer has approved a design or specified a design standard that is insufficient to meet other specified criteria.
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