Anchor 2020 Ltd v Midas Construction Ltd

Anchor 2020 Ltd v Midas Construction Ltd

The parties entered into a binding contract on 21 July 2014 when Midas signed the contract documents; all essential terms were agreed, the Risk Register was not incorporated as a contract document, and Midas’ entitlement to payment is to be valued in accordance with the contract. The parties’ conduct and the objective evidence demonstrated intention to create legal relations at that date.

Parties
Claimant: Anchor 2020 Limited; Defendant: Midas Construction Limited
Jurisdiction
England and Wales
Judgment Date
01 March 2019
Procedural Posture
Civil Construction Final Account Dispute / Trial of Preliminary Issues
Outcome
The parties entered into a binding contract on 21 July 2014; the Risk Register was not part of the contract; Midas’ entitlement to payment is to be valued under the contract.
Legal Topics
Contract Formation, Quantum Meruit, Interpretation of Contract Documents, Novation, Performance Bonds
Contract Law Construction Law Contract Formation Quantum Meruit Interpretation of Contract Documents Novation Performance Bonds

Case Brief

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Parties

Anchor 2020 Limited

Claimant

Midas Construction Limited

Defendant

Procedural Posture

Civil Construction Final Account Dispute / Trial of Preliminary Issues

Legal Issues

  1. 1 Did the parties enter into a binding contract on or about 21 July 2014?
  2. 2 Did the contract include the Risk Register (RR)?
  3. 3 What documents comprised the contract?

Ratio Decidendi

The parties entered into a binding contract on 21 July 2014 when Midas signed the contract documents; all essential terms were agreed, the Risk Register was not incorporated as a contract document, and Midas’ entitlement to payment is to be valued in accordance with the contract. The parties’ conduct and the objective evidence demonstrated intention to create legal relations at that date.

Court Disposition

The parties entered into a binding contract on 21 July 2014; the Risk Register was not part of the contract; Midas’ entitlement to payment is to be valued under the contract.

Orders

  • Declaration that a contract was concluded on 21 July 2014 between Anchor and Midas on the agreed terms excluding the Risk Register.
  • Declaration that Midas’ entitlement to payment is to be valued in accordance with the contract.