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11 Jan 2019

The risks of allowing pre-contractual documentation to be appended to the contract

by Mark Woodward-Smith, Group Managing Director -

The recent case of Clancy Docwra Limited v E.ON Energy Solutions Limited , decided by the Technology and Construction Court, emphasises the risks of allowing pre-contract documentation to be appended to the final execution of the contractual document. The Claimant, Clancy Docwra Limited (“Sub- Contractor”), was engaged by the Defendant, E.ON Energy Solutions Limited (“Contractor”),

This article was originally published in the ICE Construction Law Quarterly Volume 171 Issue 5 and is kindly reproduced with their permission. Introduction The recently released Fidic 2017 suite of contracts1 is interesting for many reasons and much has already been written on it. However, an overlooked innovation, in this author’s view, is the new discretion

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