Abb Zantingh Ltd v. Zedal Building Services Ltd [2000] EWHC Technology 40 (12th December, 2000)

Abb Zantingh Ltd v. Zedal Building Services Ltd [2000] EWHC Technology 40 (12th December, 2000)

The primary activity of the overall site was printing, not power generation; therefore, the statutory exception in section 105(2)(c) did not apply, and the contract was a construction contract subject to the Act.

Citation
[2000] EWHC Technology 40
Parties
Claimant: ABB; Defendant: Zedal
Jurisdiction
England and Wales
Procedural Posture
Declaratory Application / First Instance Judgment
Outcome
claim dismissed
Legal Topics
Construction Contracts, Statutory Adjudication, Jurisdiction of Adjudicator, Statutory Interpretation, Exceptions Under Housing Grants Construction and Regeneration Act 1996
Construction Law Contract Law Construction Contracts Statutory Adjudication Jurisdiction of Adjudicator Statutory Interpretation Exceptions Under Housing Grants Construction and Regeneration Act 1996

Case Brief

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Parties

ABB

Claimant

Zedal

Defendant

Procedural Posture

Declaratory Application / First Instance Judgment

Legal Issues

  1. 1 Whether the contracts between ABB and Zedal are 'construction contracts' under the Housing Grants Construction and Regeneration Act 1996
  2. 2 Whether the works fall within the exception in section 105(2)(c) of the Act for sites where the primary activity is power generation

Ratio Decidendi

The primary activity of the overall site was printing, not power generation; therefore, the statutory exception in section 105(2)(c) did not apply, and the contract was a construction contract subject to the Act.

Court Disposition

claim dismissed

Orders

  • Declaration requested by ABB refused
  • Claimant to pay defendant's costs