On enforcement, the issue was whether the contract was entered into before 1 May 1998: the Adjudicator decided the construction contract was concluded on 10 July 1998 whilst Gray Trust argued that the contract was made in April 1997.

The Judge did not agree with Project Consultancy that Gray Trust could not challenge the Adjudicator’s decision on his jurisdiction. Different considerations apply when the Adjudicator purports to make a decision which he is not empowered by the Act to make. Further, Gray Trust did not submit to the Adjudicator’s jurisdiction and there was not an ad hoc submission of the jurisdiction issue to the Adjudicator. Whether Gray Trust had waived the jurisdiction point, by participating in the adjudication process, was a matter of fact. As it was arguable that no contract was concluded, the decision was not enforced.