Contractual confusion: What have you agreed?

By Steven Carey2020-02-20T06:00:00

Steven Carey looks at the confusion that can arise when parties are not clear about what contractual terms have been agreed

MPB engaged LGK to supply and install structural steelwork on a project in Primrose Hill, London. It is fair to say that the parties did not set out agreed contractual terms in one document. Instead, as is all too common with some construction projects, the parties exchanged a variety of emails, quotations, each of their standard terms and conditions, and orders, some of which were annotated. In fact, viewed as a whole the document audit trail had more loose ends than an old jumper.

The parties fell out, MPB engaged other contractors to complete LGK’s works and then they embarked on a series of adjudications, the third of which found that MPB was entitled to recover £76,056.67 from LGK.

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