Glendalough Associated SA v Harris Calnan Construction Co Ltd

Glendalough Associated SA v Harris Calnan Construction Co Ltd

By operation of section 107(5) of the Housing Grants, Construction and Regeneration Act 1996, the parties are to be taken as having agreed that there was a contract in writing, as Glendalough did not deny the existence of an agreement alleged by HCL in written submissions. The adjudicator therefore has jurisdiction, and it is not open to either party or the adjudicator to contend otherwise.

Parties
Claimant: Glendalough Associated SA; Defendant: Harris Calnan Construction Co Ltd
Jurisdiction
England and Wales
Judgment Date
21 October 2013
Procedural Posture
Application / Ruling on Jurisdiction and Declaratory Relief
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

Case Brief

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Parties

Glendalough Associated SA

Claimant

Harris Calnan Construction Co Ltd

Defendant

Procedural Posture

Application / Ruling on Jurisdiction and Declaratory Relief

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 the referral notice and subsequent submissions engage section 107(5)

Ratio Decidendi

By operation of section 107(5) of the Housing Grants, Construction and Regeneration Act 1996, the parties are to be taken as having agreed that there was a contract in writing, as Glendalough did not deny the existence of an agreement alleged by HCL in written submissions. The adjudicator therefore has jurisdiction, and it is not open to either party or the adjudicator to contend otherwise.

Court Disposition

Application dismissed

Orders

  • Declaration that by operation of section 107(5) the parties are to be taken as having agreed there was an agreement in writing and it is not open to either party or the adjudicator to decide the contrary.
  • No part of the judgment to be communicated to the adjudicator before his decision except the declaration.