Tesco v Constain - Thomson Reuters

2003 WL 21729349 Page 212003 WL 21729349 (QBD (T&CC)), [2003] EWHC 1487(Publication page references are not available for this document.)£98000.00 plus VAT of £14700.00. Your interimfee invoice No. 3036/89 dated 7th May 1989 refers.In forwarding our cheque as outlined above, weconfirm that we do so without prejudice to theoutstanding matters concerning the ConsultantNovation Agreement, drawn up in respect of aletter of appointment, relating the [sic] theprovision of your services, which agreement ispresently unresolved between us and notcompleted."68. During the course of the construction of theStore representatives of Costain chaired sitemeetings and took the minutes of such meetings.69. In a letter dated 11 May 1989 to PHJ Costainwrote:--"We are writing to advise you that from the 12thMay 1989, any variations to existing drawings,other than those specifically requested by anofficial Tesco instruction, must be issued toourselves in preliminary form, for a cost analysisprior to issue as a construction detail.The only exemption to this procedure would beexpanded details of existing constructiondrawings."70. Thereafter Costain continued to write to PHJdirectly concerning matters relevant to the designof the Store. The detail of the communications isnot material to determination of the preliminaryissues, so a few examples of the sort of letter whichCostain wrote to PHJ will suffice.71. In a letter dated 12 May 1989 to PHJ Costainsaid:--"We have been advised by one of oursubcontractors quoting for the coffee shop kitchenthat in order for your layout to the coffee shop tocomply with the latest design standard the wallshould be altered as suggested on the attachedsketch.We are not sure whether these details are validbut trust you will check this out with Mr. K. Pleass,Tesco Stores Limited.Whilst writing we would respectfully remindyou that we are awaiting further details of thesample panels you require."72. Under cover of a letter dated 22 May 1989Costain sent to PHJ:--"for your immediate attention the Tesco'sdrawing detailing their present requirements for theCustomer Catering Facility at the above contract."73. In a letter dated 23 May 1989 to PHJ Costainwrote:--"We enclose for your immediate attention theTesco letter dated 19 May 1989 regarding thedecision to proceed with the high mast lightingscheme to the above project.Will you please ensure that your drawings reflectthis decision. Should you have any queries relatingto this do not hesitate to contact the writer."74. With a letter dated 8 June 1989 to PHJ Costainsent details of the pit to the scissor lift and docklevellers supplied by its subcontractors andrequested PHJ to ensure that any appropriate detailswere reflected in PHJ's drawings.75. In a letter dated 14 June 1989 Costain wrote toPHJ in the following terms:--"Further to our discussion on site and asubsequent telephone conversation, we are notsatisfied with the amount of information given onyour internal drainage drawings.We have received complaints from ourSubcontractor regarding this matter and it is atpresent preventing them from ordering the fittingsand could delay the drain laying.You are aware that we are using Supersleve clayware drainage and require urgently from you thegully types and grating information.The fact that your drawings refer to TescoDesign Standards is insufficient information and asstated previously we require you to producedrawings that are clear and can be issued toSubcontractors and which conform with TescoStandards."76. In a letter dated 8 August 1989 to PHJ Costaincomplained about the non- availability of certaininformation. The letter was in these terms:--"We are concerned to note that certain detailedinformation is still not available which is currentlyfrustrating the progress of the works. Whilstdetailed sheets of information required are alreadyin your possession the following requires yoururgent attention:--1. Details of Pyramid construction.2. Details of elevations involving hungslates.3. Confirmation of door laminate colours.4. Details of junctions for soffit sheeting,discussed 25 July 1989.5. Section through main entrance.Your assurances to produce drawings anddetailed information is generally not met andfrequently lacks co-ordination with Tesco standarddetails.Furthermore many and varied calls to youregarding car park levels and associated drainagehas culminated in Costain developing a systemwhich will operate effectively. This situation istotally unacceptable and we must insist that agreater effort is made by you in order to preventcontract delays.Copr. © West 2004 No Claim to Orig. Govt. Works