Redworth Construction Ltd v Brookdale Healthcare Ltd
Language: English Publication details: 2006Subject(s): Online resources: Summary: [2006] EWHC 1994 (TCC), 31 July 2006. Considers an adjudicator's jurisdiction to determine a construction dispute over deductions and compliance with the Housing, Grants Construction and Regeneration Act 1996 s107. After entering into a contract with B for the erection of four group homes, a day-care centre and associated works, R had received a list of contract drawings and documents that had referred to specific JCT clauses although the completion date and date of possession had been left blank. B had deducted damages for delay when the contract overran the agreed completion date and R referred the matter to adjudication, maintaining that the contract incorporated the JCT terms. The adjudicator found in R's favour ordering B to pay R the sums withheld. B claimed the adjudicator lacked jurisdiction to determine the dispute, as the contract was not in writing so as to meet s107 of the 1996 Act and it had not incorporated JCT terms. "Held": the contract was not a contract in writing within the meaning of s107 of the 1996 Act and the JCT terms were not part of the contract. Therefore the adjudicator had no jurisdiction.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 134853-2001 |
[2006] EWHC 1994 (TCC), 31 July 2006. Considers an adjudicator's jurisdiction to determine a construction dispute over deductions and compliance with the Housing, Grants Construction and Regeneration Act 1996 s107. After entering into a contract with B for the erection of four group homes, a day-care centre and associated works, R had received a list of contract drawings and documents that had referred to specific JCT clauses although the completion date and date of possession had been left blank. B had deducted damages for delay when the contract overran the agreed completion date and R referred the matter to adjudication, maintaining that the contract incorporated the JCT terms. The adjudicator found in R's favour ordering B to pay R the sums withheld. B claimed the adjudicator lacked jurisdiction to determine the dispute, as the contract was not in writing so as to meet s107 of the 1996 Act and it had not incorporated JCT terms. "Held": the contract was not a contract in writing within the meaning of s107 of the 1996 Act and the JCT terms were not part of the contract. Therefore the adjudicator had no jurisdiction.