McConnell Dowell Constructors (Aust) Pty Limited v National Grid Gas plc

Citation: EWHC 2551, ALL ER (D) 27 (TCC), BLM Vol.24 No1 TCC and [2007] BLR 92

Nature of case:
The parties entered into a supplemental agreement to settle disputes between them.  The claimant was seeking payment of additional sums and referred the matter to adjudication.  The defendant claimed that the adjudicator had no jurisdiction because the reference concerned the meaning and effect of the subsequent agreement which contained no adjudication clause and was not a construction contract within the meaning of s.108 of the Housing Grants, Construction and Regeneration Act 1996.  It was held that the supplemental agreement was a variation of the original contract and accordingly the adjudicator had jurisdiction.

Link to Judgment

 

Counsel

Alexander Nissen QC

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