| Source: | All England Reporter |
| Publisher Citation: | [2002] All ER (D) 453 (Mar) |
| Court: | Technology and Construction Court |
| Judge: | Judge Peter Bowsher QC |
| Judgment Dates: | 15 March 2002 |
Catchwords
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.
The Case
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.
Practice Areas
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