A E Yates Trenchless Solutions Ltd v Black & Veatch Ltd [2008] EWHC 3183 (TCC) (19 December 2008)

A E Yates Trenchless Solutions Ltd v Black & Veatch Ltd [2008] EWHC 3183 (TCC) (19 December 2008)

The documents enclosed with the Defendant's letter of 3 November 2005, including the IChemE Brown Book terms, were incorporated into and formed the Sub-Contract. The Brown Book terms and conditions take precedence over the Claimant's quotation where the two conflict, as evidenced by the parties' conduct and the...

Source-derived case information.

Citation
[2008] EWHC 3183 (TCC)
Parties
Claimant: A E Yates Trenchless Solutions Limited; Defendant: Black and Veatch Limited
Jurisdiction
England and Wales
Judgment Date
19 December 2008
Procedural Posture
Commercial Construction Contract Dispute / Judgment on Preliminary Issues and Declarations
Outcome
Judgment for the Defendant on preliminary issues.
Legal Topics
Contract Formation, Battle of the Forms, Priority of Contractual Documents, Subcontractor Terms, Liquidated Damages
Contract Law Construction Law Contract Formation Battle of the Forms Priority of Contractual Documents Subcontractor Terms Liquidated Damages

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Parties

A E Yates Trenchless Solutions Limited

Claimant

Black and Veatch Limited

Defendant

Procedural Posture

Commercial Construction Contract Dispute / Judgment on Preliminary Issues and Declarations

Legal Issues

  1. 1 What were the terms of the subcontract between the parties?
  2. 2 Was the Claimant's conduct an acceptance of the Defendant's offer?

Ratio Decidendi

The documents enclosed with the Defendant's letter of 3 November 2005, including the IChemE Brown Book terms, were incorporated into and formed the Sub-Contract. The Brown Book terms and conditions take precedence over the Claimant's quotation where the two conflict, as evidenced by the parties' conduct and the contractual priority clauses.

Court Disposition

Judgment for the Defendant on preliminary issues.

Orders

  • Declarations that the documents enclosed with the Defendant's letter of 3 November 2005 were incorporated in and formed the Sub-Contract between the parties.
  • Declarations that the terms and conditions of the IChemE Brown Book Second Edition 2004 take precedence over the terms and conditions of the Claimant's quotation dated 20 October 2005 where the two conflict.