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Cubitt Building and Interiors Ltd v Richardson Roofing (Industrial) Ltd [electronic resource]

Language: English Publication details: 2008Subject(s): Online resources: Summary: [2008] EWHC 1020 (TCC), 9 May 2008. The case considers when a contract is formed between an employer and a contractor; whether a party should be restrained from continuing with an arbitration; and whether adjudication should be enable before any further proceedings. Cubitt Building and Interiors Limited (C) sent a tender enquiry to Richardson Roofing (R), who gave its quote after a second request. A pre-contract meeting was held where substantial agreements were reached. Soon after (C) sent a standard letter of intent requesting to accept it as notification of instructions to proceed with the work for a set price. (R) did not sign neither returned the letter. As stipulated in the letter, a formal subcontract would be sent to Richardson, who still did not sign it. The judge had to decide if a contract was formed and when; and if Richardson should stop the arbitration that he started in favour of an adjudication. Held: The judge decided that the contract was formed at the pre-contract meeting as substantial agreements were taken then. The judge considered that a party cannot be forced to stop an arbitration of litigation in accordance with the contract, unless the contract specifically states that disputes must be decided by adjudication in the first instance.
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Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 145105-1001

[2008] EWHC 1020 (TCC), 9 May 2008. The case considers when a contract is formed between an employer and a contractor; whether a party should be restrained from continuing with an arbitration; and whether adjudication should be enable before any further proceedings. Cubitt Building and Interiors Limited (C) sent a tender enquiry to Richardson Roofing (R), who gave its quote after a second request. A pre-contract meeting was held where substantial agreements were reached. Soon after (C) sent a standard letter of intent requesting to accept it as notification of instructions to proceed with the work for a set price. (R) did not sign neither returned the letter. As stipulated in the letter, a formal subcontract would be sent to Richardson, who still did not sign it. The judge had to decide if a contract was formed and when; and if Richardson should stop the arbitration that he started in favour of an adjudication. Held: The judge decided that the contract was formed at the pre-contract meeting as substantial agreements were taken then. The judge considered that a party cannot be forced to stop an arbitration of litigation in accordance with the contract, unless the contract specifically states that disputes must be decided by adjudication in the first instance.