Glendalough Associated SA v Harris Calnan Construction Co Ltd [2013] EWHC 3142 (TCC) (21 October 2013)

Glendalough Associated SA v Harris Calnan Construction Co Ltd [2013] EWHC 3142 (TCC) (21 October 2013)

By operation of section 107(5) of the 1996 Act, the parties are deemed to have agreed a contract in writing for adjudication purposes, as HCL alleged an agreement and Glendalough did not deny it in its response. The adjudicator has jurisdiction and neither party nor the adjudicator may contend otherwise.

Citation
[2013] EWHC 3142 (TCC)
Parties
Claimant: Glendalough Associated SA; Defendant: Harris Calnan Construction Co Ltd
Jurisdiction
England and Wales
Judgment Date
21 October 2013
Procedural Posture
Application / Post Adjudication, Jurisdictional Challenge
Outcome
Application dismissed
Legal Topics
Adjudication, Jurisdiction, Letters of Intent, Liquidated Damages, Section 107 Housing Grants, Construction and Regeneration Act 1996
Construction Law Contract Law Adjudication Jurisdiction Letters of Intent Liquidated Damages Section 107 Housing Grants, Construction and Regeneration Act 1996

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Parties

Glendalough Associated SA

Claimant

Harris Calnan Construction Co Ltd

Defendant

Procedural Posture

Application / Post Adjudication, Jurisdictional Challenge

Legal Issues

  1. 1 Whether the adjudicator has jurisdiction under section 107 of the Housing Grants, Construction and Regeneration Act 1996
  2. 2 Whether the letter of intent constitutes a construction contract in writing
  3. 3 Whether Glendalough reserved its rights to challenge jurisdiction

Ratio Decidendi

By operation of section 107(5) of the 1996 Act, the parties are deemed to have agreed a contract in writing for adjudication purposes, as HCL alleged an agreement and Glendalough did not deny it in its response. The adjudicator has jurisdiction and neither party nor the adjudicator may contend otherwise.

Court Disposition

Application dismissed

Orders

  • Declaration that by operation of section 107(5) of the 1996 Act, the parties are to be taken as having agreed a contract in writing for adjudication purposes.
  • Neither party nor the adjudicator may contend or decide otherwise.