CS Appeal on a question of law from an award of an arbitrator in a dispute arising out of a JCT form of contract. The appeal concerned these questions: whether an Architect’s Instruction issued under the contract had contractual effect; the meaning of the phrase ‘all costs in connection with this variation to be agreed by [the quantity surveyor]’; and as to whether this process of agreement involved the identification of an offer relating to the entirety of the works which had been accepted or whether agreement could be achieved by piecemeal agreement of bill items.
Held: The arbitrator correctly concluded that the AI in question had contractual effect and that the process of agreement it provided for was not of the kind involved when a new contract is being negotiated and finalised but was of the piecemeal kind required by the contractual procedures for ordering variations and pricing them.
Judges:
Thornton QC J
Citations:
[2004] EWHC 8 (TCC)
Links:
Jurisdiction:
England and Wales
Construction
Updated: 14 July 2022; Ref: scu.266696
