RJT Consulting Engineers Ltd v DM Engineering Ltd [2002] BLR 217

HHJ MacKay considered an application for a declaration that the agreement between the parties was not an agreement in writing as provided for by section 107 of the HGCRA. HHJ MacKay said that section 107 was an inclusive not an exclusive piece of legislation. The purpose of the act was to bring in agreements which would not be caught otherwise by the act to enable parties to construction agreements to take advantage of the procedure set out in the act. The material between the parties by way of written subsidence (i.e. such as to evidence the agreement in writing) was "comparatively great". If it were necessary to insist upon a recitation of the agreement when the existence of the agreement, the parties to the agreement, the nature of the work and a price of that agreement are clearly to be found in documentary form then this would be contrary to the terms of the HGCRA.

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