Source: All England Reporter
Publisher Citation: [2001] All ER (D) 283 (Jan)
Court: Technology and Construction Court
Judge:

Judge Thornton QC

Representation Philip Noble (instructed by Galbraith & Co, Pinner) for ACT.
  Kenneth Munro (instructed by Wedlake Saint, St Albans) for C.
Judgment Dates: 21 January 2001

Catchwords

Building contract - Formation - Existence of contract - Claimant carrying out construction works - Claimant issuing invoices at request of defendant - Defendant asserting invoices used for fraudulent purpose - Whether parties entering into contract - Whether claimant's entitlement to payment unenforceable due to fraud.

The Case

Although a court ruled on the evidence that no contract for the building works in question existed between the parties, the contractor was entitled to be paid on a quantum meruit basis.

Practice Areas

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