In the context of urgent construction timelines, an email directing a subcontractor to proceed with formwork manufacturing and mobilisation, specifying price, commencement date and construction period, may constitute a counteroffer containing all essential terms for a binding contract, even where a formal subcontract is contemplated. The methodology of construction (including the number and location of construction joints) may not be an essential term where the parties have agreed on the type of formwork to be used. Acceptance of such a counteroffer may be communicated by conduct including organising and attending a subsequent meeting.
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