000 02755cad a22003135a 4500
001 L145105
008 080908e20080509xxk f v 000 0 eng d
035 _a(Sirsi) u145105
041 0 _aeng
245 0 0 _aCubitt Building and Interiors Ltd v Richardson Roofing (Industrial) Ltd
_h[electronic resource]
260 _c2008
520 _a[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.
590 _aKA
650 2 4 _aHOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996 S107
650 2 4 _aDOM/1
650 2 4 _aARBITRATION ACT 1996
650 2 4 _aJCT STANDARD FORM OF BUILDING CONTRACT PRIVATE WITH QUANTITIES (1998 EDITION)
650 2 4 _aCUBITT BUILDING AND INTERIORS LTD V RICHARDSON ROOFING (INDUSTRIAL) LTD
650 2 4 _aPOSEIDON FREIGHT FORWARDING LTD V DAVIES TURNER SOUTHERN LTD
650 2 4 _aDGT STEEL AND CLADDING LTD V CUBITT BUILDING AND INTERIORS LTD
650 2 4 _aBRITISH STEEL CORPORATION V CLEVELAND BRIDGE AND ENGINEERING CO
650 2 4 _aROBERTSON V FRENCH
651 4 _aEngland and Wales
_y1543-
690 _aBUILT ENVIRONMENT-CONSTRUCTION MANAGEMENT-BUILDING CONTRACT ADMINISTRATION
690 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
690 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ALTERNATIVE DISPUTE RESOLUTION-ADJUDICATION
856 4 0 _uhttps://www.bailii.org/ew/cases/EWHC/TCC/2008/1020.html
_zView the case free of charge at www.bailli.org...
942 _n0
999 _c80700
_d80700