EMCOR Drake and Scull Ltd. v Sir Robert McaLpine Ltd.

EMCOR Drake and Scull Ltd. v Sir Robert McaLpine Ltd.

No binding contract was concluded for EDS to carry out the whole of the M&E works for £34.25 million; work was performed pursuant to a series of limited orders, and the letter of 20 August 2001 did not constitute a binding agreement for the whole works.

Parties
Claimant/respondent: Emcor Drake and Scull Limited; Defendant/appellant: Sir Robert McAlpine Limited
Jurisdiction
England and Wales
Judgment Date
21 December 2004
Procedural Posture
Civil Appeal / Appeal From Preliminary Issues Determination
Outcome
Appeal dismissed
Legal Topics
Formation of Contract, Preliminary Agreements, Construction Sub Contracts, Payment Terms, Repudiatory Breach, Costs Orders
Contract Law Construction Law Formation of Contract Preliminary Agreements Construction Sub Contracts Payment Terms Repudiatory Breach Costs Orders

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Parties

Emcor Drake and Scull Limited

Claimant/respondent

Sir Robert McAlpine Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Preliminary Issues Determination

Legal Issues

  1. 1 Whether EDS was contractually bound to carry out the whole of the M&E works for £34.25 million
  2. 2 Whether a binding contract for the whole works was concluded between the parties
  3. 3 Whether the series of orders constituted separate contracts limited in value

Ratio Decidendi

No binding contract was concluded for EDS to carry out the whole of the M&E works for £34.25 million; work was performed pursuant to a series of limited orders, and the letter of 20 August 2001 did not constitute a binding agreement for the whole works.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay Respondent’s costs in the sum of £38,000 within 14 days
  • Application for permission to appeal order for costs refused