Q: Elaborate the citation of Obrascon Huarte Lain SA v Her Majesty’s Attorney General for Gibraltar, [2014] EWHC 1028 (TCC) ?
Ans:
Obrascon
Huarte Lain SA v Her Majesty’s Attorney General for Gibraltar, [2014] EWHC 1028
(TCC). In Obrascon, it was held that an
experienced contractor must make its own assessment of all available data and
come to its own conclusions, rather than to ‘slavishly’ accept the information
from the employer. Failure to carry out an independent assessment of grounds
conditions would disentitle a contractor from claiming damages, and would
entitle the employer to terminate the contract for delay on the part of the
contractor attributable to ground conditions.
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