Source: All England Reporter
Publisher Citation: [2005] All ER (D) 243 (Nov)
Court: Queen's Bench Division (Technology and Construction Court)

Judge Frances Kirkham

Representation Richard Lee (instructed by Thornton & Co, St James) for the claimant.
  Jennie Gillies (instructed by CJ Haugh LLP, Copthorne) for the defendant.
Judgment Dates: 18 November 2005


Building contract - Agreement in writing - Terms of agreement - Price for supply and installation of ceiling subject to revision - Whether implied mechanism for calculation of price - Whether sufficient exchange of correspondence between parties to give rise to agreement in writing - Sale of Goods and Supply of Services Act 1982, s 15 - , Construction and Regeneration Act 1996, ss 107(b), (c).

The Case

Section15 of the Sale of Goods and Supply of Services Act 1982 operated to imply into a written agreement a mechanism for the calculation of the price for construction services, which price was subject to revision, such that there was an agreement in writing for the purposes of ss107(b) and (c) of the . Accordingly, the agreement was a construction contract under which an adjudicator had jurisdiction to determine disputes.

Practice Areas

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