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 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


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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