I took on the contract in good faith but I have found that I simply cannot build to meet the specification. Do I have a defence?

 

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2. I took on the contract in good faith but I have found that I simply cannot build to meet the specification. Do I have a defence?

No.  There is no defence of non-buildability.  The builder warrants that he can build what he agrees to build, where he agrees to build it.  The contractor will only avoid liability for not being able to meet this technological challenge if the contract conditions exempt him – e.g. by saying that the contractor is not liable for the ground conditions.