The parties entered into a JCT With Contractor’s Design contract for the construction of 114 residential apartments in Manchester. This case concerns the enforcement of an adjudicator’s decision. During the adjudication, Crosby Homes raised three jurisdictional challenges:

1 There was no jurisdiction under the “side agreements”

2 If there was an agreement it was not in writing

3 If there was a written agreement then it was not a construction contract.

Two main issues arose at trial. First, under the main contract, does the adjudicator have jurisdiction in respect of disputes arising “under the contract”, or does his jurisdiction extend to disputes “under, out of or in connection with the contract”. Second, were the disputes referred to the adjudicator arising “under” and/or “out of or in connection with” the contract?