What was seen as one of the most radical, but actually most welcome, changes to the Construction Act was the amendment to the requirement that construction contracts have to be in writing in order to refer a dispute to adjudication.  The amended Act now applies to all construction contracts whether in writing, partly in writing or wholly oral.

This change is likely to complicate the task facing adjudicators, as they will now be more likely to face issues regarding the formation and terms of contracts.

The onus is therefore on the parties to the contract to ensure that written contract terms or in place.  It is acknowledge however that although parties might intend to enter into contract, the terms of the contract might, for one reason or another, never actually be finalised.  If it is the case that no written contract is entered into then contemporaneous notes of, for example, telephone calls and diary entries recording negotiations and discussions during meetings will become increasingly important as evidence of the terms of the contract and could actually be vital in persuading the adjudicator what the terms of the contract were.