Inadmissable evidence

摘要

Tony Bingham considered the case of Emcor Drake & Scull in ED&S vs Edingburgh Royal Joint Venture, Building 18 November. The judge, in that case, had to decide which party had design responsibility in circumstances where each side had "radically different views" as to the terms of the contract. The facts of that case and the nature of the dispute are all too familiar. The failure of parties to a contract to express clearly the deal that they have reached often lies at the heart of disputes, particularly over design responsibility. Usually both parties know if the tenderer has included design and the extent of what has been included since it is highly relevant to pricing.