||All England Reporter
|| All ER (D) 453 (Mar)
||Technology and Construction Court
Judge Peter Bowsher QC
||15 March 2002
Contract - Construction - Term - Contractual hierarchy for construction of store - Defendant complying with terms of side-letter annexed to building contract - Store settling in excess of prescribed limits - Whether side-letter providing defence to allegations of breach of contract.
Having regard to the contractual relationship between the parties, a side-letter which limited the depth to which foundations could be driven, did not provide a defence to all the breaches of contract claimed because only certain clauses, on their true construction, were expressed to be subordinate to the side-letter.
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