Cases - Haden Young Ltd v Laing O'Rourke Midlands Ltd

Record details

Name

Haden Young Ltd v Laing O'Rourke Midlands Ltd

Date

[2008]

Citation

EWHC 1016

Keywords

Tendering and procurement

Summary

LOR was the main contractor for construction of new facilities for Coventry City Football Club. HYL was the M&E subcontractor. No subcontract document was ever signed by LOR and HYL, and a dispute arose as to the existence of a contract between them. HYL contended that no subcontract came into existence and LOR disputed this.

This judgment was concerned with various issues relating to the existence of a contract and the nature of the legal obligations between HYL and LOR. Ramsey J said that he first considered the principles of law to be applied in cases where no contract has been signed and where negotiations have continued in correspondence and at meetings during the course of the project. In such cases, the courts have had to analyse what passes between the parties to see whether, objectively, they have come to an agreement on all essential terms.

After referring to Pagnan and Percy Trentham, Ramsay J concluded that the passage in Keating on Building Contracts (8th edition) at paragraph 2-017 properly reflected the law on those points.