A.R.T. were engaged by Navera to carry out design and construction work to a property in London. They made claims for payment and then commenced adjudication. The adjudicator ordered a payment of £100,369 to A.R.T. together with the interest and fees. In these proceedings A.R.T. sought to enforce that decision.

Navera raised two jurisdictional challenges. First, that the parties did not agree that the contract was governed by the JCT Minor Works Form. Second, even if the JCT was incorporated, not all of the terms of the contract were in writing.

The tender document clearly set out that the JCT Minor Works Form of Building Contract would be the basis of the contract document. The tender was accepted and after commencement on site, A.R.T. would send a copy of the JCT agreement. All relevant provisions had been completed by the architect. Navera argued that despite the JCT Form, some elements had not been recorded in writing.