Building Law Monthly
Contract terms contained in written subcontract
In Balfour Beatty Regional Construction Ltd v Van Elle Ltd  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.