Tesco v Constain - Thomson Reuters

2002 WL 347140 Page 62002 WL 347140 (QBD (T&CC)), [2002] EWHC 482(Publication page references are not available for this document.)(printing, model, travel/accommodation includingfrom Sweden etc.).Subject to competition timetable not beingextended.2.3 Stage 3 (finalising design, obtaining necessaryapprovals, construction details, contractadministration etc.)To win it will be necessary to be innovative timefor design and for contract administration/qualitycontrol will be significantly greater than usual.Hence the amount of work will equate to the RIBANormal Service (Stages C to K) and fees forarchitects services will be at RIBA recommendedscale (6% of construction cost), less fees paid forStage 2, plus VAT and expenses.i.e. Stages C to E as Normal Service. Role inStage F to K dependent on procurement route e.g.could be Employers Architect for traditionalprocurement or Novated to Contractor orEmployers Agent for design & build.2.4 Underlying assumptions(i) Heads of terms for the appointment of thearchitectural team as above and in accordance withRIBA Conditions of Appointment will be agreedbefore the start of Stage 2, conditional uponwinning the competition.(ii) The design teams ability to deliver a highquality service and to manage its time effectivelydepends on a clear structure within the overalldevelopment team. We believe it is essential forthe successful delivery of the project that oneindividual is given high level responsibility for coordinatingthe consortiums requirements and forbeing the single point of contact with the designteam and our fee proposal is based on thisassumption. (HTA would be willing to provide thisexpanded project management service if required).19. The facsimile transmission dated 26 August1997 was thus really only concerned to set out ingeneral terms the contemplated roles of each of thearchitectural practices intended to be involved andto propose fees for the second and third phases ofthe envisaged work if the competition entry metwith success. There was no reference in thetransmission to BM. None of the addressees of thetransmission seems to have responded to it. HTAdoes not at the time seem to have chased anyonefor a response. What is, however, clear, is that theinitial architectural work, that required for Phase 1,was to be undertaken without charge.20. The next document which is relied upon asbeing a contractual document is HTAs facsimiletransmission dated 17 September 1997. Onceagain the author was Mr. Hunt. The transmissionwas addressed to Mr. Paul Phipps, described as ofTaylor Woodrow, and to Mr. Richard Cherry, whowas at the material time, and remains, a director ofCountryside. Mr. Phipps was actually inSeptember 1997 managing director of Taywood. Acopy of the facsimile transmission dated 17September 1997 was, according to the indicationon it, sent to Mr. Cook of Moat. The facsimiletransmission ended with a proposed agenda for ameeting to be held later on the day it was sent. Theagenda items included:-(ii) The teamRole of each. Contribution to the vision.Any gaps? Cost? Landscape?(vi) Consultants terms.21. The main text of the facsimile transmissiondated 17 September 1997 before the agenda itemswas as follows:-1. To confirm some key points from yesterdaysmeeting:-(i) Taylor Woodrow (PP)/Countryside (RC)/HTA(BH) will act as a steering group responsible forshaping the form and content of the 26 Septemberpresentation, and for co-ordinating the input ofother team members. HTA will be responsible forthe project management of this process.(ii) The main task is to present a greater evidenceof a ground breaking, visionary approach on 26September. HTA will be responsible fordeveloping this, with Erskine as a key element.(iii) The desirability of presenting TaylorWoodrows input as coming from the PLC, anddrawing on Capital Developments track record wasagreed. PP will discuss this with Chief ExecutiveJohn Castle, and requested demystified version ofvision for this purpose from HTA. (Post meetingnote: I will get onto this but would request PP notto wait for further material in view of tightdeadlines. HTAs original text referred to by NickThompson is attached.)2. Consultant team appointment.It was agreed that the consultant team will work atrisk up to 26 September. The developers agreed toreimburse travel/accommodation costs during thisCopr. © West 2004 No Claim to Orig. Govt. Works