Through the looking glass

Bingham, T.

Through the looking glass - 2004 - Building 269(8348) 10 September 2004, 54-55(2) .

The legal requirement for a construction agreement to be in writing seems to have little justification. In "Murray Building Contractors v Spree Developments" (HC, unreported) the HC found that a direction to the subcontractor (M) to 'forward your costs once finalised and agreed' was not a binding agreement on price. There is no justification for the insistance of having an agreement in writing. It would be better to have an oral promise and let adjudicators use their discretion on disputes over price.


MURRAY BUILDING CONTRACTORS V SPREE DEVELOPMENTS
SUBCONTRACTORS
WRITTEN AGREEMENTS
ORAL AGREEMENTS