Get your contract in place — Iliffe and Another v Feltham Construction Ltd and Another
By Chris O’Carroll
In Iliffe and Another v Feltham Construction Ltd and Another, the Technology and Construction Court (TCC) considered the principles relating to contract formation in the context of an application by the claimants for summary judgment in respect of their claim for damages to be assessed and for a substantial interim payment.
On 20 April 2012, a fire, which started in the roof, destroyed the claimants’ property during the course of its construction and when it was almost complete. The claimants claimed damages in excess of £3.5m from the defendant, Feltham Construction, as a result.
It was envisaged from the outset that the claimants’ house would be constructed in three phases, and a contract incorporating the standard form JCT Intermediate Building Contract with Contractor’s Design 2005 (Revision 2, 2009) conditions was eventually entered into for the Phase 1 works. No contracts were concluded for the Phase 2 or the Phase 3 works, although an ‘email of intent’ for part of the Phase 3 works was issued to Feltham by the claimants’ architect on 5 July 2011 in response to Feltham’s tender dated 28 June 2011 for part of the Phase 3 works…
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