RJT Consulting Engineers Ltd v DM Engineering Ltd [2002] EWCACiv 270

This summary was provided by CMS Cameron McKenna LLP.

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The material terms of the relevant agreement must be sufficiently recorded in any one of the forms prescribed by s107 HGCR Act 1996 for the requirements of that section to be met and for the agreement to constitute a "construction contract".

Court of Appeal (Auld LJ, Ward LJ, Robert Walker LJ)

8 March 2002

The facts and the decision at first instance are set out on page 68. The claimant, R, appealed from that decision.

On appeal, the court found in favour of R. In his judgment, LJ Ward found that the judge was wrong to conclude that it was sufficient for the purposes of s.107 HGCR Act 1996 for there to be merely evidence supporting the existence of an agreement. Even that was correct, however, the documents relied on in this case were wholly insufficient. LJ Ward also stated that the construction of s.107 means that all of the contract terms, not merely to some of them, must be evidenced in writing, although LJ Auld dissented on this point and said that written evidence of all the material terms would be sufficient.

The material terms of the relevant agreement must be sufficiently recorded in any one of the forms prescribed by s.107 of the HGCR Act for the requirements of that section to be met and for the agreement to constitute a "construction contract".

This summary was provided by CMS Cameron McKenna LLP.

For more information visit http://www.cms-cmck.com/Construction/Construction-Disputes

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