Cases - Hart Investments Ltd v Fidler & Anor
Record details
- Name
- Hart Investments Ltd v Fidler & Anor
- Date
- [2006]
- Citation
- EWHC 2857 (TCC)
- Legislation
- Keywords
- Adjudication - letters of intent - lack of adjudicator jurisdiction
- Summary
-
It is less likely that a court will find that letters of intent comply with the requirement for all of the terms of the contract to be in writing, although there are examples where letters of intent have been found to comply with this example.
In this case the letter of intent was found not to comply with that requirement. In particular the absence of a work scope was particularly persuasive.
Although the Construction Act does not specifically require the referral to be issued within 7 days of the notice the scheme does. Failure to follow this requirement may deprive the adjudicator of jurisdiction to decide on the dispute.