Oral contracts need to be covered by the Construction Act
Rich, Marion
Oral contracts need to be covered by the Construction Act - 2006 - New Steel Construction 14(1) January 2006, 32-33(2) .
Argues for a change in the law so that part-oral and part-written contracts are included within the Housing Grants, Construction and Regeneration Act 1996 s107, which requires a contract to be evidenced in writing before the Act applies to it. In RJT Consulting Engineers Ltd v DM Engineering (Northern Ireland) Ltd ([2002] EWCA Civ 270, X118297), the court held that not merely the contract itself, but all its terms, have to be evidenced in writing. This has caused great difficulties in the industry, as many contracts are not fully reduced to writing. Although the Latham Review strongly recommended that s107 be amended so that part-written, part-oral contracts come within its scope, nothing has so far been done.
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
RJT CONSULTING ENGINEERS LTD V DM ENGINEERING (NORTHERN IRELAND) LTD
DEBECK DUCTWORK INSTALLATION LTD V T&E ENGINEERING LTD
GROVEDECK LTD V CAPITAL DEMOLITION LTD
LLOYD PROJECTS LTD V JOHN MALNICK
LATHAM REFORMS
Oral contracts need to be covered by the Construction Act - 2006 - New Steel Construction 14(1) January 2006, 32-33(2) .
Argues for a change in the law so that part-oral and part-written contracts are included within the Housing Grants, Construction and Regeneration Act 1996 s107, which requires a contract to be evidenced in writing before the Act applies to it. In RJT Consulting Engineers Ltd v DM Engineering (Northern Ireland) Ltd ([2002] EWCA Civ 270, X118297), the court held that not merely the contract itself, but all its terms, have to be evidenced in writing. This has caused great difficulties in the industry, as many contracts are not fully reduced to writing. Although the Latham Review strongly recommended that s107 be amended so that part-written, part-oral contracts come within its scope, nothing has so far been done.
HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996
RJT CONSULTING ENGINEERS LTD V DM ENGINEERING (NORTHERN IRELAND) LTD
DEBECK DUCTWORK INSTALLATION LTD V T&E ENGINEERING LTD
GROVEDECK LTD V CAPITAL DEMOLITION LTD
LLOYD PROJECTS LTD V JOHN MALNICK
LATHAM REFORMS