THE SCOPE OF s107 OF THE HOUSING GRANTS, CONSTRUCTION AND REGENERATION ACT 1996

RJT Consulting Engineers Ltd v DM Engineering (Northern Ireland) Ltd [2002] EWCA Civ 270 (unreported, Court of Appeal, 8 March 2002)

In RJT Consulting Engineers Ltd v DM Engineering (Northern Ireland) Ltd [2002] EWCA Civ 270 (unreported, Court of Appeal, 8 March 2002) the Court of Appeal held that the claimant was entitled to a declaration that the construction contract made orally between the parties was not an agreement in writing for the purposes of s107 of the Housing Grants, Construction and Regeneration Act 1996. It was held that it is the terms, and not merely the existence, of a construction contract that must be evidenced in writing for the purposes of s107 of the Act.