Source: All England Reporter
Publisher Citation: [2002] All ER (D) 469 (Oct)
Court: Technology and Construction Court

Judge John Toulmin QC

Representation Darryl Royce (instructed by Nabarro Nathanson) for the claimant.
  Delia Dumaresq (instructed by Jeffrey Green Russell) for the defendants.
Judgment Dates: 31 October 2002


Building contracts - Formation - Incomplete agreement - Parties to contract - Scope of terms.

The Case

In all the circumstances, a contract had been concluded between the claimant and the third defendant when the claimant accepted an instruction to commence building works on condition that the second defendant would 'guarantee' the third defendants obligations under the contract, and that 'guarantee' was in fact an indemnity for, rather than a guarantee of, the third defendant's obligations under the contract.

Practice Areas

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