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Variation of contracts by the conduct of the parties (Delta Fabrication & Glazing v Watkin Jones & Son)

Variation of contracts by the conduct of the parties (Delta Fabrication & Glazing v Watkin Jones & Son)
Published on: 10 May 2021
Published by: LexisPSL
  • Variation of contracts by the conduct of the parties (Delta Fabrication & Glazing v Watkin Jones & Son)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

Construction analysis: Watkin Jones & Son was the main contractor under a contract to build student accommodation. They subcontracted some of the work to Delta Fabrication & Glazing. The parties referred a dispute to an adjudicator, who reached a decision and made an award under the adjudication. Delta Fabrication & Glazing applied for summary judgment to enforce the adjudicator’s award. Watkin Jones & Son argued that the adjudicator had not had jurisdiction to make an award because Delta Fabrication & Glazing had referred disputes under two separate contracts (which the parties agreed would prevent the adjudicator from having jurisdiction if it were the case). Delta Fabrication & Glazing argued that although there had been multiple contracts initially, the parties had, by their conduct, varied them into a single contract. The Technology and Construction Court (TCC) held that the evidence did not show any variation, meaning the jurisdictional argument might succeed at trial. Written by Alexander Campbell, barrister at Field Court Chambers. or take a trial to read the full analysis.

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