HT-2022-000311 & HT-2022-000254 - [2024] EWHC 3179 (TCC)

RTM’s position is that the inadequate protection provided at roof level amounted to or involved a breach of the express provisions of the FPA. Implied terms were also relied upon but it does not seem to me to be necessary to consider such implied terms as the issues are covered by the express terms and breaches thereof.

RTM relies principally on the provisions of clause 5.2 and contends that the inadequate water protection (and the consequent water ingress) amount to or evidence a failure to use all reasonable endeavours to procure that the Works were carried out with due diligence and in a good and workmanlike manner.