Cases - Fence Gate Ltd v James R Knowles Ltd

Record details

Name
Fence Gate Ltd v James R Knowles Ltd
Date
[2001]
Citation
84 Con.LR 206
Legislation
Keywords
Construction contracts - adjudication - survey work - arbitration - construction operations - severability - whether survey work to a kitchen floor was in connection with construction operations - whether the giving of advice in an arbitration is in connection with construction operations - whether the contract is severable - Housing Grants, Construction and Regeneration Act 1996, s 104
Summary

James R. Knowles were appointed to survey a kitchen floor and subsequently to give advice in an arbitration. A dispute arose in connection with their fee, which they sought to refer to adjudication. The court concluded that the survey work was work in connection with construction operations (although no dispute existed in relation to the invoices for this part of the works) but that evidence and advice given in connection with an arbitration was not.

The giving of factual evidence by an architect, designer or surveyor at an arbitration is not the doing of architectural designing or surveyor work itself, and therefore falls outside the scope of the Housing Grants, Construction and Regeneration Act 1996.

Where a contract relates both to construction operations and to other activities, the contract is to be treated as severable between those parts that relate to construction operations and those parts that relate to other activities. The Act and the other provisions for adjudication are to apply to the contract only insofar as the contract relates to construction operations.