For nearly 8 months I have been receiving regular correspondence from a particular respondent in an adjudication where RICS nominated the adjudicator. From day 1 my correspondent has been simply adamant there was never a contract in writing, and therefore no adjudication could take place.
Months after the adjudicator has made his decision, my correspondent still writes. He still phones. He emails.
Section 107 of the 1996 Act has the effect that statutory provisions for adjudication apply “… only where the construction contract is in writing …”. In an ideal world, this provision should give rise to no diffi culty : parties to construction contracts should be able to set out their agreements in a clear and comprehensive written form. In practice, construction contracts are often made much more informally than this, for example by letters of intent.