Citation: EWHC 3183 (TCC), [2009] CILL 2669, [2009] TCLR 4 and 124 Con LR 188
Nature of case: The TCC was required to determine the terms and conditions of the sub-contract between the claimant sub-contractor and defendant contractor. The defendant had taken over from the original contractor, Gleesons, to carry out engineering works for South West Water. The claimant was a specialist engineering firm engaged to carry out directional drilling work for water mains. Gleesons’ invitation to tender referred to the “IChemE Brown Book.” Yates’ tender provided that its conditions would form part of the contract. At a formal pre-contract meeting the form of contract was described as the “IChemE Brown Book.” Gleesons sent the sub-contract to Yates for agreement, but Yates delayed approval and no formal sub-contract was signed when Yates encountered delay and disruption to the work. The court considered whether Yates’ terms and conditions had been incorporated into the sub-contract based on the record of the meeting and subsequent communications between the parties.
