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The Written Contract and Disputes in Adjudication

Paper number
D038

Robert Akenhead QC

September 2003

A paper given to a joint meeting of the Society of Construction Law
and the Adjudication Society in London on 17th September 2003

The author considers the statutory requirements contained in section
107 of the Housing Grants, Construction and egeneration Act that a 'construction
contract' for the purposes of the adjudication provisions of the Act must
be 'in writing'. He looks at the recent case law and considers the problems
that these decisions throw up.

Section 107 - TJ Consulting Engineers v DM Engineering - Carillion
Construction v Davenport oyal
- Varying an existing contract - 'Evidence
in writing': when and how? - Procedural complications - Letters of intent
- Disputes

obert Akenhead QC is head of Atkin Chambers in London and joint editor
of the Building Law eports.

Text 5 pages.

PDF file size: 41k