Brookdale employed Redworth under a contract for the erection of four group homes, a day care centre and associated works. The contract between the parties was made on 21 November 2003. The contract was formed from initial negotiations and discussions between the parties commencing in early 2003. Documents exchanged included correspondence, drawings and draft documents between the parties. During the correspondence and meetings reference was made to entering into a JCT contract, although this did not occur. At the conclusion of the contract Redworth’s position was that Brookdale owed it monies in respect of the total contract price, including variations.

Redworth took the matter to adjudication for outstanding monies that it believed it was due under the contract. The adjudicator found in favour of Redworth and ordered that Brookdale pay £210,576.67. Redworth then sought to enforce the adjudicator’s decision. Brookdale resisted the application on the basis that the parties had not entered into a JCT contract, and the adjudicator had no jurisdiction to decide the matter.

The claim was to enforce the decision of an adjudicator. His Honour Judge Harvey QC considered five issues, with the key issues being whether the contract included the JCT terms; and whether the contract was in writing within the meaning of Section 107 of the Construction Act.