ADJUDICATION, NON-COMPLIANT CONTRACTS AND TIME LIMITS

Aveat Heating Ltd v Jerram Falkus Construction Ltd [2007] EWHC 131 (TCC), 29 January 2007

In Aveat Heating Ltd v Jerram Falkus Construction Ltd [2007] EWHC 131 (TCC), 29 January 2007, Judge Havery held that, in a case where the terms of a contract do not comply with the requirements of the Housing Grants, Construction and Regeneration Act 1996 (hereafter ‘the 1996 Act’), the terms of the Scheme for Construction Contracts and the terms of the contract cannot coexist in the contract unless provision is made in the contract for such co-existence. On the facts he concluded that the Scheme was implied into the contract in place of the contract term. He also considered the requirements of paragraph 1(3) of the Scheme and its application to the facts of the case.