Redworth loses award case

Redworth Construction has failed at the High Court to enforce an adjudicator's award of more than £200,000 against Brookdale Healthcare with regard to the construction of four group homes and a day-care centre in Wyboston, Bedfordshire.

Judge Richard Havery QC ruled that there was no written contract between the parties, and so the terms of the JCT Standard Form of Building Contract with Contractor's Design 1998 were not incorporated into the agreement. Accordingly, he ruled that the adjudicator had no jurisdiction to decide the issue.

Contractor Redworth had sought to enforce the adjudicator's £210,576 award, made in respect of the £4.5m project.

However, the judge ruled: "I am satisfied on the totality of the evidence that the contract was not subject to the JCT terms. I conclude that the contract was not a contract in writing within the meaning of section 107 of the Act. In consequence, the adjudicator had no jurisdiction to hear the reference."

[Contract Journal, 9 August 2006, p. 2]