ICC Term Version 2011 - Communications in writing (Cl. 1(6)

JCT Contracts
1

Q. Is the consensus that emails satisfy the requirements of Cl.1(6) with communications “in writing”… resulting in permanent record?

Thanks

2

Emails are an effective means of communication. See the case of Bernuth Lines v High Seas Shipping Limited

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3

Yes and thanks. To exclude emails as being an ‘effective means of communication’ in the modern working environment would be rather challenging, particularly when the clause references, telex, cable and fax…!