[2024] EWHC 1435 (TCC)

PFIC’s Liability for Plant etc. and Sea Defences

Save where otherwise expressly provided, throughout the Contract Period PFIC shall be responsible for:

….

the condition, restoration and maintenance of the Sea Defences (other than the Existing Outfalls) in accordance with this Agreement including, without limitation, any patent or latent defect in the condition of the Existing Sea Defences and the materials, workmanship, design and construction of the Improved Sea Defences;

any action, claim, loss, cost, charge or expense arising out of or in connection with (a) or (b) above.

Relevant definitions are set out in Schedule 1 as follows:

Change means an alteration or addition to or omission from the Service Requirements, any other variations in the quality or quantity or method of delivery of the Flood Defence Services, the Works or the Project