Construction Of Contracts: Priority Of Documents

In the following case, the court had to consider the construction of a contract, and in particular the effect of a clause concerning the priority of documents, in order to determine which of two conflicting provisions relating to the payment mechanism was to prevail.

The case also raised a point of interest as to the proper approach to be adopted by a party who lost an adjudication on a point of law.

Fenice Investments Inc v Jerram Falkus Construction Limited and Others [2009] EWHC 3272 (TCC)

The employer engaged the contractor to design and construct five residential properties and a commercial unit in Camden. The contract incorporated the JCT Design and Build Contract (Revision 1) 2007 (JCT Contract) subject to amendments agreed between the parties.