Euro Construction Scaffolding Ltd v SLLB Construction Ltd [2008] EWHC 3160 (TCC) (19 December 2008)

Euro Construction Scaffolding Ltd v SLLB Construction Ltd [2008] EWHC 3160 (TCC) (19 December 2008)

The adjudicator had jurisdiction because the evidence did not establish any express oral term; the written quotation of 14 December 2007 contained all agreed terms, satisfying Section 107 HGCRA requirements for a contract in writing.

Citation
[2008] EWHC 3160 (TCC)
Parties
Claimant: Euro Construction Scaffolding Limited; Defendant: SLLB Construction Limited
Jurisdiction
England and Wales
Judgment Date
19 December 2008
Procedural Posture
Enforcement of Adjudicator's Decision / Judgment
Outcome
Judgment for claimant; adjudicator's decision enforced.
Legal Topics
Adjudication, Jurisdiction, Written Contracts, Implied Terms, Fitness for Purpose
Construction Law Contract Law Adjudication Jurisdiction Written Contracts Implied Terms Fitness for Purpose

Case Brief

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Parties

Euro Construction Scaffolding Limited

Claimant

SLLB Construction Limited

Defendant

Procedural Posture

Enforcement of Adjudicator's Decision / Judgment

Legal Issues

  1. 1 Did the parties give the adjudicator jurisdiction to decide whether he had jurisdiction?
  2. 2 Did the adjudicator have jurisdiction under Section 107 of the Housing Grants Construction and Regeneration Act 1996?

Ratio Decidendi

The adjudicator had jurisdiction because the evidence did not establish any express oral term; the written quotation of 14 December 2007 contained all agreed terms, satisfying Section 107 HGCRA requirements for a contract in writing.

Court Disposition

Judgment for claimant; adjudicator's decision enforced.

Orders

  • Euro awarded £22,496.60
  • Interest of £2,209.60 (and continuing)