Bryen and Langley Ltd v Martin Rodney Boston
Bryen and Langley Ltd v Martin Rodney Boston
- 2004
[2004] EWHC 2450 (TCC), 4 November 2004. Applicant building contractor (X) applied for summary judgment against respondent (Y) to enforce an arbitrator's decision. It was intended that JCT 1998 Private with Quantities should be used between the parties and whilst a letter makes reference to the contract, Y had not signed any contract. X sought a sum from Y under an interim certificate. Y failed to pay entire amount and X referred the matter to arbitration. Y contested the jurisdiction of the arbitrator. "Held" that a letter to a building contractor which stated that the intended form of contract was the JCT 1998 Private with Quantities did not in itself incorporate the terms of the contract. Therefore, an adjudicator did not have jurisdiction to consider whether X was owed money under an interim certificate for work done. View judgment at www.courtservice.gov.uk.
BRYEN AND LANGLEY LTD V BOSTON
JCT 1998 PRIVATE WITH QUANTITIES
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
[2004] EWHC 2450 (TCC), 4 November 2004. Applicant building contractor (X) applied for summary judgment against respondent (Y) to enforce an arbitrator's decision. It was intended that JCT 1998 Private with Quantities should be used between the parties and whilst a letter makes reference to the contract, Y had not signed any contract. X sought a sum from Y under an interim certificate. Y failed to pay entire amount and X referred the matter to arbitration. Y contested the jurisdiction of the arbitrator. "Held" that a letter to a building contractor which stated that the intended form of contract was the JCT 1998 Private with Quantities did not in itself incorporate the terms of the contract. Therefore, an adjudicator did not have jurisdiction to consider whether X was owed money under an interim certificate for work done. View judgment at www.courtservice.gov.uk.
BRYEN AND LANGLEY LTD V BOSTON
JCT 1998 PRIVATE WITH QUANTITIES
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION