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Cases > Co-operative Insurance Society Ltd v Henry Boot Scotland Ltd and others

Co-operative Insurance Society Ltd v Henry Boot Scotland Ltd and others

[2002] EWHC 1270 (TCC)

Building contract - JCT Standard Form of Building Contract 1980 Edition - Private with quantities - design and build - extent of design duty - whether a duty owed to develop the conceptual design into a completed design capable of being constructed - whether a duty owed to check the adequacy of the preliminary designs done by others

A feature of design and build contracts is the extent of the responsibility of the design and build contractor when developing an outline design provided by a designer - a situation that would be common with a 'design, develop and construct' form of procurement. The case of Co-operative Insurance Society Ltd v Henry Boot Scotland Ltd and others [2002] addressed this issue.

Boot was employed under a JCT 1980 Edn, Private with quantities (as amended by the Contractor's Designed Portion Supplement 1981 Edn Revised 1984) for contiguous bored piled walls and temporary propping. Boot was required to develop a design based upon an outline design produced by a consulting engineer employed by the Co-operative Insurance Society (CIS) Ltd. During the works, water and soil flooded into the sub-basement excavations.

The judge concluded that Boot's obligation was to develop the conceptual design into a completed design capable of being constructed, and that this obligation must include a duty to check the adequacy of any preliminary design by others.


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