Harvey Shopfitters Ltd. v ADI Ltd.

Harvey Shopfitters Ltd. v ADI Ltd.

The parties had agreed all material terms and the contract had proceeded as a lump sum contract under ICF84 conditions; the quantum meruit provision was only triggered if the contract both failed to proceed and was not formalised, which was not the case. Therefore, the appellant was not entitled to quantum meruit.

Parties
Appellant/claimant: Harvey Shopfitters Limited; Respondent/defendant: ADI Limited
Jurisdiction
England and Wales
Judgment Date
13 November 2003
Procedural Posture
Civil Appeal / Appeal From High Court (technology and Construction Court) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Construction Contracts, Quantum Meruit, Estoppel by Convention, Interpretation of Contractual Documents, Practice Directions (civil Appeals)
Contract Law Civil Procedure Construction Contracts Quantum Meruit Estoppel by Convention Interpretation of Contractual Documents Practice Directions (civil Appeals)

Case Brief

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Parties

Harvey Shopfitters Limited

Appellant/claimant

ADI Limited

Respondent/defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the contract between the parties was a lump sum contract or entitled the claimant to quantum meruit
  2. 2 Whether the parties were estopped by convention from denying the contract was a lump sum contract
  3. 3 Proper construction of the letter of 7th July 1998 and its effect on the parties' obligations

Ratio Decidendi

The parties had agreed all material terms and the contract had proceeded as a lump sum contract under ICF84 conditions; the quantum meruit provision was only triggered if the contract both failed to proceed and was not formalised, which was not the case. Therefore, the appellant was not entitled to quantum meruit.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Payment of £10,000 to be paid on account within 14 days