Ken Biggs Contractors Ltd. v Norman; 4 August 2004

adjudication- incorporation of terms- error in date of contract

Havery, Judge

Technology and Construction Court

Type: Cases

The claimant wrote to the defendant offering to do work at his home on the understanding that the principles of the "JCT Standard Form of Contract with Contractor's Design, 1988 edition" were to govern their relationship. The letter referred to certain JCT clause, stating that certain insurance conditions would apply and if a dispute were to arise, the contract provisions would apply.

The parties' dispute was referred to an adjudicator who made an award in the adjudicator's favour. The defendant refused to pay and the claimant commenced enforcement proceedings. The defendant argued that the adjudicator had not had the jurisdiction to hear the dispute, relying on the fact that there was no 1988 edition of the contract, only 1981 and 1998 and the earlier edition contained no provision for adjudicating disputes.

Held:

Whilst the two documents constituted a contract between the parties, it was impossible to say that any adjudication provisions had been incorporated into the contract. "1988" might well have been a typographical error for "1998", but it could just as well have been meant to be "1981". If no date had been mentioned, it could have been inferred that the parties had intended to use the latest edition; however, here a date had been mentioned. In any event, it was doubtful that the JCT conditions applied. The offer letter had only referred to the principles of the JCT conditions applying and listed specific ones.