Comsite Projects Ltd. v Andritz AG

Comsite Projects Ltd. v Andritz AG

The Building Services sub-contract works were physically integral to the building, not the plant, and thus fall within the definition of 'construction operations' under Section 105 of the Act. The jurisdiction clause did not cover the statutory question raised, so the English court had jurisdiction. The Part 8 procedure was appropriate as the factual issues were straightforward.

Parties
Claimant: Comsite Projects Limited; Defendant: Andritz AG
Jurisdiction
England and Wales
Judgment Date
30 April 2003
Procedural Posture
Part 8 Claim (declaratory Relief) / Judgment on Jurisdiction and Substantive Declarations
Outcome
Declarations granted in favour of Comsite
Legal Topics
Construction Contracts, Jurisdiction Clauses, Interpretation of Statutory Definitions, Adjudication Under the Housing Grants, Construction and Regeneration Act 1996
Construction Law Civil Procedure International Private Law Construction Contracts Jurisdiction Clauses Interpretation of Statutory Definitions Adjudication Under the Housing Grants, Construction and Regeneration Act 1996

Case Brief

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Parties

Comsite Projects Limited

Claimant

Andritz AG

Defendant

Procedural Posture

Part 8 Claim (declaratory Relief) / Judgment on Jurisdiction and Substantive Declarations

Legal Issues

  1. 1 Does the English court have jurisdiction to hear the Part 8 claim despite a jurisdiction clause favouring Austria?
  2. 2 Is the Part 8 procedure appropriate for determining whether the works fall within the statutory definition of 'construction operations'?
  3. 3 Do the works under the Building Services sub-contract fall within the definition of 'construction operations' under Section 105 of the Housing Grants, Construction and Regeneration Act 1996, and is the sub-contract a 'construction contract'?

Ratio Decidendi

The Building Services sub-contract works were physically integral to the building, not the plant, and thus fall within the definition of 'construction operations' under Section 105 of the Act. The jurisdiction clause did not cover the statutory question raised, so the English court had jurisdiction. The Part 8 procedure was appropriate as the factual issues were straightforward.

Court Disposition

Declarations granted in favour of Comsite

Orders

  • Declaration that Comsite’s works under the Building Services sub-contract fall within the definition of 'construction operations' in Section 105 of the Housing Grants, Construction and Regeneration Act 1996
  • Declaration that the Building Services sub-contract constitutes a 'construction contract' under Section 104 of the Act