Bryen and Langley Ltd v Martin Rodney Boston
Publication details: 2004Subject(s): Summary: [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.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS68430 (Browse shelf(Opens below)) | 1 | Available | 128095-1001 | |
| Law report | Virtual Online | ONLINE (Browse shelf(Opens below)) | 1 | Available | 128095-2001 |
[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.