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The Construction Contracts (Northern Ireland) Order 1997

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Provisions applicable only to agreements in writing

6.—(1) The provisions of this Order apply only where the construction contract is in writing, and any other agreement between the parties as to any matter is effective for the purposes of this Order only if in writing.

  • The expression “agreement” shall be construed accordingly.

(2) There is an agreement in writing—

(a)if the agreement is made in writing (whether or not it is signed by the parties),

(b)if the agreement is made by exchange of communications in writing, or

(c)if the agreement is evidenced in writing.

(3) Where parties agree otherwise than in writing by reference to terms which are in writing, they make an agreement in writing.

(4) An agreement is evidenced in writing if an agreement made otherwise than in writing is recorded by one of the parties, or by a third party, with the authority of the parties to the agreement.

(5) An exchange of written submissions in adjudication proceedings, or in arbitral or legal proceedings in which the existence of an agreement otherwise than in writing is alleged by one party against another party and not denied by the other party in his response constitutes as between those parties an agreement in writing to the effect alleged.

(6) References in this Order to anything being written or in writing include its being recorded by any means.

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