Anthony Edwards successfully defends an Adjudication Enforcement
Universal Sealants (UK) Ltd v Sanders Plant: 8 August 2019 (TCC)
A contract for the supplying and pouring of concrete into its final resting place is not a construction contract for the purposes of section 104 of the Housing Grants, Construction and Regeneration Act 1996 (the Act).
Discharging wet concrete into its final resting place from a concrete wagon is, pursuant to section 105(2)(d)(ii), excluded from the Act. The word 'also' connotates that there has to be something else other than just its 'delivery and pouring' to constitute an 'installation'. Mr Edwards argued that "something else" was the placing, levelling, vibrating and trowelling the concrete; which was in effect a separate act that section 105(1)(e) had already accommodated.