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ARTICLE · 09 JUNE 2020

School's Construction Contract Void For Lack Of Capacity

Wrigleys Solicitors LLP
Wrigleys Solicitors LLP
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We look at a recent case which has provided helpful clarity in relation to a school's capacity to enter contracts. Case: School Facility Management Ltd and others v Governing Body...

United KingdomConsumer Protection
Alexandra Slater
Alexandra Slater
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We look at a recent case which has provided helpful clarity in relation to a school's capacity to enter contracts.

Case: School Facility Management Ltd and others v Governing Body of Christ the King College

What happened?

Christ the King College (the College), a maintained voluntary aided school sought to add a new sixth form block. It agreed a 15-year lease of a modular building with BOShire (BOS), a construction company which regularly operated and had expertise in the public sector. The contract involved payment of an initial premium followed by an annual rent. As part of the contract negotiation both the College and the local authority gave written confirmation that the College had power to enter into the lease.

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