Stratfield Saye Estate Trustees v AHL Construction Ltd [2004] EWHC 3286 (TCC) (06 December 2004)

Stratfield Saye Estate Trustees v AHL Construction Ltd [2004] EWHC 3286 (TCC) (06 December 2004)

There was a contract between the parties for a defined scope of work, evidenced in writing within the meaning of section 107 of the Construction Act. The adjudicator's decision is valid and enforceable because all express terms of the agreement were recorded in writing, and, alternatively, the exchanges in the first two adjudications constituted a sufficient record under section 107(5).

Citation
[2004] EWHC 3286 (TCC)
Parties
Claimant: Trustees of the Stratfield Saye Estate; Defendant: AHL Construction Limited
Jurisdiction
England and Wales
Judgment Date
06 December 2004
Procedural Posture
Civil / Trial Judgment
Outcome
claim dismissed; counterclaim (Part 20 claim) allowed
Legal Topics
Construction Contracts, Adjudication, Written Agreements, Scope of Works, Authority of Agents
Construction Law Contract Law Construction Contracts Adjudication Written Agreements Scope of Works Authority of Agents

Case Brief

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Parties

Trustees of the Stratfield Saye Estate

Claimant

AHL Construction Limited

Defendant

Procedural Posture

Civil / Trial Judgment

Legal Issues

  1. 1 Was there a contract for a defined scope of work between the parties?
  2. 2 Was the contract an agreement in writing within the meaning of section 107 of the Construction Act?
  3. 3 Is the decision of the adjudicator (Mr Wakefield) a valid and enforceable adjudicator's award?

Ratio Decidendi

There was a contract between the parties for a defined scope of work, evidenced in writing within the meaning of section 107 of the Construction Act. The adjudicator's decision is valid and enforceable because all express terms of the agreement were recorded in writing, and, alternatively, the exchanges in the first two adjudications constituted a sufficient record under section 107(5).

Court Disposition

claim dismissed; counterclaim (Part 20 claim) allowed

Orders

  • The claim by the Estate for declarations is dismissed.
  • Order enforcing the adjudicator's decision in favour of AHL.