Tim Butler and Merewood entered into a contract and work commenced on the same date. Tim Butler made application for interim payment which Merewood paid. Merewood refused to pay the subsequent two applications. Tim Bulter referred the matter to adjudication. The Adjudicator decided that the contract came within s109 of the Act and allowed Tim Butler’s claim for staged payments. Merewood argued that the Adjudicator was clearly wrong and the error was an error of law. The Judge enforced the Adjudicator’s decision. The question as to whether a construction contract came into existence that entitled Tim Butler to staged payment was a dispute as to the terms of the contract and not a dispute as to the jurisdiction of the Adjudicator.