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Building Law Monthly

Interpretation, rectification and scope of works

In Clancy Docwra Ltd v E.ON Energy Solutions Ltd [2018] EWHC 3124 (TCC) Jefford J held, as a matter of interpretation of a sub-contract, that the scope of the works did include a number of matters that had been specifically excluded by the sub-contractor. This being the case, it was not necessary to rectify the contract between the parties, although, on the facts, Jefford J would have declined to rectify the contract given the lack of common understanding between the parties.

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