Cleveland Bridge were sub-contracted to build the steel framework for a bank in Saudi Arabia. This required a particular steel node which it asked British Steel Corporation to make. BSC wanted a disclaimer of liability for loss caused by late delivery. Cleveland did not want to accept this and so no written formalities were arranged. BSC still continued to develop these nodes, however the fourth one was delivered later than the other three. Cleveland had then refused to pay and argued breach of contract for late delivery on the fourth node. BSC sued successfully on a quantum meruit.