VHE Construction Plc v. Alfred McAlpine Construction Ltd [1997] EWHC Technology 370 (14th April, 1997)

VHE Construction Plc v. Alfred McAlpine Construction Ltd [1997] EWHC Technology 370 (14th April, 1997)

A sub-contract was completed by a telephone call between Mr. Brown and Mr. Brian Thomson in late February or early March when they agreed a reduction in the period for payment, being the last issue to be resolved between the parties, and was further agreed to by the parties by their conduct. The terms were those set out in the sub-contract order dated 9 February 1993, together with the attached documents and subsequent oral amendment regarding time for payment.

Citation
[1997] EWHC Technology 370
Parties
Plaintiff: VHE Construction plc; Defendant: McAlpine Construction Ltd
Jurisdiction
England and Wales
Procedural Posture
Civil Trial (preliminary Issue) / Judgment After Trial of Preliminary Issue
Outcome
It is declared that a contract existed between the parties and its terms are as set out in the judgment.
Legal Topics
Formation of Contract, Sub Contracts, Letters of Intent, Terms of Contract, Quantum Meruit, Payment Disputes
Contract Law Construction Law Formation of Contract Sub Contracts Letters of Intent Terms of Contract Quantum Meruit Payment Disputes

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Parties

VHE Construction plc

Plaintiff

McAlpine Construction Ltd

Defendant

Procedural Posture

Civil Trial (preliminary Issue) / Judgment After Trial of Preliminary Issue

Legal Issues

  1. 1 Whether a contract existed between the parties
  2. 2 If so, what were the terms of the contract

Ratio Decidendi

A sub-contract was completed by a telephone call between Mr. Brown and Mr. Brian Thomson in late February or early March when they agreed a reduction in the period for payment, being the last issue to be resolved between the parties, and was further agreed to by the parties by their conduct. The terms were those set out in the sub-contract order dated 9 February 1993, together with the attached documents and subsequent oral amendment regarding time for payment.

Court Disposition

It is declared that a contract existed between the parties and its terms are as set out in the judgment.

Orders

  • Declaration that a sub-contract was completed as described in the judgment
  • Terms of the contract are as set out in the sub-contract order dated 9 February 1993, attached documents, and oral amendment regarding payment period