This story will ring a bell with all of you constructors. When I heard about the recent court case Anchor 2020 Ltd vs Midas Construction Ltd, I muttered “Here we go again”. Then “Nothing ever changes”, followed by “Don’t call these building folk silly”. The best line in the case is where the judge says, “The parties were not lawyers and even if they were, their analysis of the true contractual position might not be correct.” 

Another good line is where the judge says of the employer, “I agree that during this cross-examination, he did stick to what he says was his belief that the contract had been made on 21 July, as if it were some kind of mantra. To that extent his evidence was not persuasive. However, ultimately, what he thought as to the existence of the contract, or not, or when it was made, is not in any way determinative. It is a matter for the court to decide objectively.” Not a bad note to put on your shaving mirror. In short, it doesn’t matter a jot what you think the contract says or intends or even whether it exists; no court will take your word for it, nor arbitrator, nor adjudicator. 

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