Kamm subcontracted certain works to All Metal Roofing in relation to a mixed used development. The parties had exchanged correspondence in late 2008/early 2009 with specifications and quotations etc. There were delays to the project. All Metal Roofing were successful in an adjudication involving the delay issues. Part of the Adjudicator’s decision was that all the express terms of the contract were either in writing or confirmed in writing such to satisfy Section 107(2) of the Act.

At enforcement, Kamm argued that the Adjudicator did not have jurisdiction as there was no construction contract in writing or fully in writing as there was only an oral agreement about the time for completion. Kamm argued that there had been a meeting prior to the issue of the Purchase Order in which a specific completion date had been agreed and therefore the Purchase Order did not record, in writing, all of the agreed terms.

The Judge was of the view that the oral agreement reached prior to the Purchase Order being sent was not one which impacted upon the Adjudicator’s jurisdiction. The Purchase Order sent out actually called for delivery “ASAP”, and there was no contract at the very least until the Purchase Order was sent. The Order was accepted by the conduct of All Metal Roofing in continuing with or commencing and starting work. So All Metal Roofing’s obligation was to complete as soon as possible and that was recorded in writing. Therefore the Adjudicator did have jurisdiction and his decision was within his jurisdiction and enforceable.