3. Seabed Development Authority (SDA) is a statutory agency with responsibility for the grant of licences permitting the large scale extraction of sea water, which is to be converted to potable water. Water Works Supreme (WWS) is in the business of sea water conversion, and, on January 6, 2014, WWS entered a public private partnership with SDA to build and operate a water conversion facility on Government lands controlled by SDA. Their agreement included a provision that: "SDA shall make a prepared site available to WWS by May 6, 2014, on which the water conversion facility is to be located." SDA knew that WWS would borrow money to finance building of the facility, and knew also that the Work Plan of WWS required that the building of the facility should commence by June 6, 2014. SDA knew also that WWS intended that the building be completed by 31 October 2014, and that late completion would result in economic loss to WWS. Notwithstanding their knowledge of the Work Plan, and that delay would cause untold hardship to WWS, SDA did not deliver the prepared site as agreed. Instead, the prepared site was delivered on October 6, 2014 by which time WWS had already suffered significant project-linked overdraft and other bank charges. The agreement between SDA and WWS did not include any express provision requiring that SDA remedy any injury or loss sustained by WWS as a result of any late delivery of the prepared site. Advise WWS as to the likely approach of a court where it is argued that there was an Implied term in the agreement requiring that loss and damage sustained as a result of late delivery of the prepared site must be borne by SDA