Reinwood Ltd v L Brown & Sons Ltd [2008] EWCA Civ 1090 (17 October 2008)

Reinwood Ltd v L Brown & Sons Ltd [2008] EWCA Civ 1090 (17 October 2008)

The contractor's notice of determination dated 4 July 2006 was valid because the earlier notice of default dated 12 May 2005 was valid, the employer did not serve a valid objection, and there was no waiver by the contractor of its right to rely on the earlier default.

Citation
[2008] EWCA Civ 1090
Parties
Claimant Appellant: Reinwood Limited; Defendant Respondent: L Brown & Sons Limited
Jurisdiction
England and Wales
Judgment Date
17 October 2008
Procedural Posture
Civil Appeal / Appeal From High Court (technology and Construction Court) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Building Contracts, Contract Determination, VAT Under Construction Contracts, Waiver and Election, Notice Requirements
Construction Law Contract Law Building Contracts Contract Determination VAT Under Construction Contracts Waiver and Election Notice Requirements

Case Brief

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Parties

Reinwood Limited

Claimant Appellant

L Brown & Sons Limited

Defendant Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (technology and Construction Court) to Court of Appeal

Legal Issues

  1. 1 Whether the contractor's notice of determination dated 4 July 2006 was valid based on an earlier default by the employer in April 2005
  2. 2 Whether the employer's email of 14 April 2005 constituted a valid objection under the contract
  3. 3 Whether the contractor waived its right to rely on the earlier default by subsequent conduct

Ratio Decidendi

The contractor's notice of determination dated 4 July 2006 was valid because the earlier notice of default dated 12 May 2005 was valid, the employer did not serve a valid objection, and there was no waiver by the contractor of its right to rely on the earlier default.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.