Euro Construction Scaffolding Ltd v SLLB Construction Ltd

Euro Construction Scaffolding Ltd v SLLB Construction Ltd

The adjudicator had jurisdiction because the evidence did not establish a real prospect that an oral term was agreed; the written quotation contained all agreed terms, and any fitness for purpose term was implied, not express. Adequate reservation of jurisdiction was made by SLLB, but the adjudicator's decision stands as the contract was in writing for statutory purposes.

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

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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 Whether the adjudicator had jurisdiction to decide his own jurisdiction
  2. 2 Whether the contract was in writing for purposes of Section 107 of the Housing Grants Construction and Regeneration Act 1996

Ratio Decidendi

The adjudicator had jurisdiction because the evidence did not establish a real prospect that an oral term was agreed; the written quotation contained all agreed terms, and any fitness for purpose term was implied, not express. Adequate reservation of jurisdiction was made by SLLB, but the adjudicator's decision stands as the contract was in writing for statutory purposes.

Court Disposition

Judgment for claimant; adjudicator's decision enforced.

Orders

  • Judgment for Euro Construction Scaffolding Limited for £22,496.60
  • Interest of £2,209.60 (and continuing)