- In brief: non-contractual documents help to identify agreed works (Martifer v Lend Lease)
- Original news
- What was this case about?
- What did the court decide?
- What should construction lawyers take note of?
Construction analysis: The Scottish Court of Session (Outer House) rejected a subcontractor’s claim that the contractor had issued several instructions amounting to ‘Variations’ under the contract, noting that a Variation only arose where the contractor’s instruction required a change in the works. In determining what the originally agreed works were, the court took into account documents which were not contract documents but which constituted background knowledge relevant to the identification of the intention of the parties. The court also held in relation to one claim that the subcontractor had not established that an instruction had been given at all.
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