Source: All England Reporter
Publisher Citation: [2010] All ER (D) 197 (Jun)
Neutral Citation: [2010] EWHC 1530 (TCC)
Court: Queen's Bench Division, Technology and Construction Court (Birmingham District Registry)
Judge:

Judge Grant

Representation Frances Pigott (instructed by Ansons LLP, Cannock) for the claimant.
  Richard Hedley (instructed by Cotterhill Hitchman, Sutton Coldfield) for the defendant.
Judgment Dates: 26 May 2010

Catchwords

Contract - Rectification - Written contract - Claim for reasonable price - Defendant requesting claimant to provide quote for 'steelwork' and 'roof cladding' on development project - Claimant faxing copy of quotation - Second element of quote accidentally missed off bottom of page of fax so quote only including price for 'steelwork' element - Claimant also sending defendant hard copy, with both elements of price included - Defendant purportedly accepting quote on basis of price in faxed copy - Claimant completing work but issuing proceedings against defendant for rectification or reasonable price - Whether requirements for claim for rectification made out - Whether completed contract between parties for cladding work - s 15.

The Case

Contract Rectification. Applying settled legal principles to the evidence, the Technology and Construction Court allowed the claimant sub-contractor's claim against the defendant main contractor for rectification on the ground of unilateral mistake and for a reasonable price for work which it had carried out on the construction of a new business development centre in Sutton Coldfield.

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