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Contract terms contained in written subcontract

Building Law Monthly

Contract terms contained in written subcontract

In Balfour Beatty Regional Construction Ltd v Van Elle Ltd [2021] EWHC 794 (TCC) Waksman J held that the terms of the contract between the parties were to be found in a written subcontract which had been concluded between the parties. This was so despite the fact that the subcontract was signed more than a year after the initial communications between the parties. He rejected the submission that the earlier correspondence between the parties, or their conduct, had resulted in a contract for some of the work being concluded on separate terms which incorporated the defendant’s standard terms and conditions.

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