Cases - Debeck Ductwork Installations Ltd v T&E Engineering Ltd
Record details
- Name
- Debeck Ductwork Installations Ltd v T&E Engineering Ltd
- Date
- (2002)
- Citation
- N/A. TCC
- Legislation
- Keywords
- Construction contracts - adjudication - contracts in writing - relevant terms of the agreement - whether there was a construction contract in writing - whether the relevant terms of the contract were evidenced in writing - Housing Grants, Construction and Regeneration Act 1996, section 107
- Summary
-
In this case the parties concluded an oral contract that the claimant asserted was evidenced in writing by way of a fax which they claimed contained all relevant terms of the agreement. These submissions were rejected by the court on two counts, following and interpreting the decision of the Court of Appeal in RJT Consulting Engineers Ltd v DM Engineering Northern Ireland Ltd (2002).
Firstly, the court found that the fax did not in fact set out or record all of those matters on which the claimant itself was seeking to rely in pursuing its claim. The fax did not explain, even in summary terms, the scope of the work to be undertaken. Secondly, the court was satisfied by evidence given by the defendant that there were further terms of the contract agreed between the parties and on which the defendant relied.