Tesco v Constain - Thomson Reuters

2002 WL 347140 Page 52002 WL 347140 (QBD (T&CC)), [2002] EWHC 482(Publication page references are not available for this document.)time of payment(e) Appointment17 November 1997 (TFP to the 2nd Claimants)extent of appointment10 November 1997 (TFP to the 2nd Claimants)timing of appointment(f) Terms of Appointment10 November 1997 (TFP to the 2nd Claimants)(g) Fees on Appointment17 November 1997 (TFP to the 2nd Claimants)overall percentage3 November 1997 (TFP to the 2nd Claimants)percentage at each Stage(h) Expenses3 November 1997 (TFP to the 2nd Claimants)(i) Copyright5 November 1997 (the 2nd Claimants to TFP)10 November 1997 (TFP to the 2nd Claimants)(j) Termination10 November 1997 (TFP to the 2nd Claimants).17. Although expounded at some length in theAmended Particulars of Claim, what the Claimantscase seems to amount to is that the agreement forwhich they contend was contained in sixdocuments, namely HTAs facsimile transmissiondated 26 August 1997, HTAs facsimiletransmission dated 17 September 1997, TFPs letterdated 3 November 1997, HTAs facsimiletransmission dated 5 November 1997, TFPs letterdated 10 November 1997 and TFPs letter dated 17November 1997. I turn, therefore, to considerthose documents, and a number of others whichseem to be relevant if the documents relied uponare to be set in their context.The correspondence between 26 August 1997 and18 November 199718. The first of the documents relied upon onbehalf of the Claimants as a contractual documentis the facsimile transmission dated 26 August 1997.That document was written by Mr. Hunt but it wasnot addressed to any representative of any of theDefendants. Rather it was addressed to Mr. NickCook of Moat, to Mr. Terry Sullivan of Berkeleyand to Mr. Trevor Selwyn of Copthorne. The textof the transmission was as follows:-I am delighted to confirm that Ralph Erskine hasagreed to act as lead architect (see ArchitecturalReview article June 1995 attached). I cannot thinkof any other architect of international standingwhose design approach comes closer to theunderlying philosophy of the Millennium Villagecompetition, and it is marvellous to be workingwith him.As per item 7 of the minutes of 11 August GMTmeeting I have discussed and agreed with NickThompson [of CTA] the following Heads of Termsfor your comment prior to formalising appointmentof the architectural team before the start of Phase 3.Please could you let me have comments/queries byreturn as I am on holiday from 29 August to 6September inclusive.1. Architectural team structure1.1 Ralph Erskine (RE)/ Hunt Thompson (HTA)/Cole Thompson (CTA)/ Baker-Brown McKay(BBMK), will function as a single integratedarchitectural team; flexible and overlapping roles,but broadly defined as follows:-1.2 Ralph Erskine. Lead architect/urban designer.1.3 Hunt Thompson Associates. Executivearchitect; single point responsibility for delivery ofdesign to client and for project management ofarchitectural and design team.1.4 Cole Thompson. INTEGER architect;responsible for delivering intelligent and greeninput into design.1.5 Baker-Brown McKay. Architects forTeleservices Centre.2. Fee basis.2.1 Stage 1 (concluding 8 September). All workat risk.2.2 Stage 2 (concluding 10 November).All work at cost, i.e. salary + overheads +expenses only. Activity and resource plan agreedwith developers/client in advance and translatedinto an agreed lump sum for architectural services.E.g. (i) 7 week design period. Average 6 personteam @ 250 per day = 52,500. (ii) Average 4persons @ 250 = 35,000. Plus VAT, plus expensesCopr. © West 2004 No Claim to Orig. Govt. Works