Bovis Lend Lease Ltd v Cofely Engineering Services

Citation: EWHC 1120

Nature of case:
The court considered the appropriate construction of a sub-contract which provided in an appendix that RICS should nominate the adjudicator.  The provisions on appointment of the adjudicator had been amended in both the main contract and sub-contract but did not clearly provide for the appointment of a named adjudicator.  The court found that the appendix to the sub-contract requiring appointment by the RICS revealed the parties’ intention as it was the only document the parties had filled out themselves.

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Counsel

Adam Constable QC

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