The claimant contractor sought to enforce the decision of an adjudicator made in its favour. The defendant refused to pay on the basis that the adjudicator did not have any jurisdiction to hear the dispute, because there was no construction contract incorporating adjudication provisions. The dispute related to work carried out to the defendant’s home.

The claimant relied upon a letter written to the defendant stating that the JCT Standard Form of Building Contract with Contractor’s Design “1988 Edition” were to apply. In the letter the dispute resolution provisions were mentioned specifically. The defendant argued that there was no such 1988 Edition, only the 1981 and 1998 Editions.

If a contract formed between the parties then did that contract contain a clause requiring the parties to submit their disputes to adjudication such that the residential owner was contractually obliged to comply with the adjudicator’s decision?