Felton Construction Ltd v Liverpool City Council [2007] EWHC 3049 (TCC) (21 December 2007)

Felton Construction Ltd v Liverpool City Council [2007] EWHC 3049 (TCC) (21 December 2007)

A binding contract existed between Felton Construction Limited and Liverpool City Council, evidenced by the invitation to tender, submission and acceptance of the tender, subsequent conduct, and performance. The contract incorporated the JCT Standard Form with amendments, and included an arbitration clause. The...

Source-derived case information.

Citation
[2007] EWHC 3049 (TCC)
Parties
Claimant: Felton Construction Limited; Defendant: Liverpool City Council
Jurisdiction
England and Wales
Judgment Date
21 December 2007
Procedural Posture
Civil (construction Dispute) / Trial of Preliminary Issues
Outcome
Claim dismissed on preliminary issues; contract found to exist on the terms contended by the defendant.
Legal Topics
Formation of Contract, Certainty of Terms, Quantum Meruit, Estoppel, Arbitration Clauses
Contract Law Construction Law Formation of Contract Certainty of Terms Quantum Meruit Estoppel Arbitration Clauses

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Summary, issues, holding and outcome

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Parties

Felton Construction Limited

Claimant

Liverpool City Council

Defendant

Procedural Posture

Civil (construction Dispute) / Trial of Preliminary Issues

Legal Issues

  1. 1 Whether a binding contract existed between Felton Construction Limited and Liverpool City Council for works at Stockton Wood Primary School; if so, what were its terms; whether Felton is estopped from denying the contract; whether the contract included an arbitration clause; whether Felton is entitled to payment on a quantum meruit basis.

Ratio Decidendi

A binding contract existed between Felton Construction Limited and Liverpool City Council, evidenced by the invitation to tender, submission and acceptance of the tender, subsequent conduct, and performance. The contract incorporated the JCT Standard Form with amendments, and included an arbitration clause. The uncertainties alleged by Felton did not render the contract unenforceable; the parties' conduct and documentation demonstrated sufficient certainty and intention to be bound. Felton is not entitled to payment on a quantum meruit basis.

Court Disposition

Claim dismissed on preliminary issues; contract found to exist on the terms contended by the defendant.

Orders

  • Declaration that a binding contract existed between the parties on the terms set out in the JCT Standard Form as amended and the accompanying documents.
  • Felton's claim for quantum meruit dismissed.