Bennett (Electrical) Services Ltd v Inviron Ltd
No binding contract existed between the parties as the letter of intent was subject to contract and key terms were not recorded in writing; therefore, section 107 of the Housing Grants, Construction and Regeneration Act 1996 was not satisfied and the adjudicator lacked jurisdiction.
- Parties
- Claimant: Bennett (Electrical) Services Limited; Defendant: Inviron Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 19 January 2007
- Procedural Posture
- Summary Judgment Application / Judgment
- Outcome
- Application dismissed
- Legal Topics
- Adjudication, Jurisdiction, Letter of Intent, Section 107 Housing Grants, Construction and Regeneration Act 1996
Case Brief
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Parties
Bennett (Electrical) Services Limited
Claimant
Inviron Limited
Defendant
Procedural Posture
Summary Judgment Application / Judgment
Legal Issues
- 1 Whether a binding contract existed between the parties
- 2 Whether the adjudicator had jurisdiction under section 107 of the Housing Grants, Construction and Regeneration Act 1996
- 3 Whether the letter of intent constituted a construction contract in writing
Ratio Decidendi
No binding contract existed between the parties as the letter of intent was subject to contract and key terms were not recorded in writing; therefore, section 107 of the Housing Grants, Construction and Regeneration Act 1996 was not satisfied and the adjudicator lacked jurisdiction.
Court Disposition
Application dismissed
Orders
- Claimant is not entitled to summary judgment
- Application for enforcement of adjudication award is dismissed
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