The devil is in the detail in pre-contractual documents

By Louis Peacock-Young2019-02-07T06:00:00

Louis Peacock-Young on the risks of appending pre-contractual documents to construction contracts

In a recent decision, despite the use of a priorities clause and the insertion of general provisions allocating the risk of ground conditions to the subcontractor, exclusions contained in tender documentation appended to the contract were found to remain operative. This ruling, in Clancy Docwra Ltd vs E.on Energy Solutions Ltd, presents at first blush a surprising result.

The contract

E.on was contracted to install an underground district heat network at the Barts Square development in London and engaged Clancy Docwra as a subcontractor to excavate trenches and install heat network pipework.

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