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

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...