ERDC Group Ltd v Brunel University (Record no. 77042)

MARC details
000 -LEADER
fixed length control field 02067cab a2200193 4500
001 - CONTROL NUMBER
control field ##L133495
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 060512n2006 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u133495
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title ERDC Group Ltd v Brunel University
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2006
520 ## - SUMMARY, ETC.
Summary, etc. [2006] EWHC 687 (TCC), 29 March 2006. B appointed E to carry out work under letters of intent, as execution of the contract documents was deferred until after the grant of full planning permission. E continued to carry out work even after the expiry of the last letter. After completing most of the work, E refused to sign the contract documents, claiming it would only continue if all work was valued on a quantum meruit basis rather than in accordance with JCT valuation rules. When B refused, E left the site without the work being completed. E argued there was no contract prior to the expiry of the letters of intent, and that the works both before and after the expiry of the last letter should therefore be valued on a quantum meruit. "Held": (1) there had been a clear intention to create legal relations, and the letters amounted to contracts. Work carried out prior to expiry of the letters of intent should be assessed in accordance with JCT valuation rules, and not on a quantum meruit; (2) work carried out after the expiry of the letters was recoverable upon a quantum meruit, but had to be assessed primarily by reference to the rates and prices for work done before that date; (3) as there was no contract when the defective work was carried out, B had no counterclaim in the proper sense; however, an adjustment was appropriate to reflect the sums paid by B to bring that work up to standard.
590 ## - LOCAL NOTE (RLIN)
Local note IKA230506
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element ERDC GROUP LTD V BRUNEL UNIVERSITY
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England and Wales
Chronological subdivision 1543-
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION
856 41 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/TCC/2006/687.html">https://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/TCC/2006/687.html</a>
Public note View the item free of charge at www.bailii.org..
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     Virtual Virtual Online 12/05/2006   ONLINE PUBLICATION 133495-1001 06/08/2019 1 06/08/2019 Law report