Harvey Shopfitters Ltd. v ADI Ltd. [2003] EWCA Civ 1757 (13 November 2003)

Harvey Shopfitters Ltd. v ADI Ltd. [2003] EWCA Civ 1757 (13 November 2003)

The parties had agreed all material terms and entered into a binding lump sum contract under ICF84 conditions; the quantum meruit proviso only applied if the contract did not proceed and was not formalised, which was not the case.

Citation
[2003] EWCA Civ 1757
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)
Outcome
Appeal dismissed
Legal Topics
Quantum Meruit, Estoppel by Convention, Interpretation of Contractual Documents
Contract Law Construction Law Quantum Meruit Estoppel by Convention Interpretation of Contractual Documents

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)

Legal Issues

  1. 1 Whether the contract was a lump sum contract or quantum meruit
  2. 2 Interpretation of the phrase 'the contract should fail to proceed and be formalised'
  3. 3 Whether estoppel by convention prevented the appellant from asserting quantum meruit

Ratio Decidendi

The parties had agreed all material terms and entered into a binding lump sum contract under ICF84 conditions; the quantum meruit proviso only applied if the contract did not proceed and was not formalised, which was not the case.

Court Disposition

Appeal dismissed

Orders

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