For a party to a construction contract to be entitled to refer a dispute to adjudication there must be a contract in writing. The contractor in this case failed to obtain enforcement of an adjudicator’s decision because the court found there was no contract in writing for the purposes of Section 107 of the HGCRA. The court found that although documentation had passed between the parties indicating an intention to use a particular JCT form (and referring to specific JCT clauses) that intention had not been implemented.
An unimplemented express intention to enter into construction contract using a specified JCT standard form of contract (or any other standard form) is not sufficient to effect the incorporation of the specified form or to create a contract evidenced in writing for the purposes of Section 107 of the HGCRA.
Redworth Construction Ltd v Brookdale Healthcare Ltd (31/7/2006)