A dispute between Gibson and Imperial Homes was referred to adjudication. There was confusion about the names of the contracting parties. The letter of appointment appointed Gibson Construction Ltd as the contractor although it did not exist as at the date of the letter. Later, Mr Gibson registered Gibson Construction (UK) Ltd. However, Mr Gibson commenced the adjudication in his own name. Imperial Homes argued that there was no written contract for the purposes of s107 as it did not enter into a contract with Gibson as a sole trader. Further, Gibson entered into a contract with Chinadome Limited, Imperial Homes’ holding company, rather than Imperial Homes. The Adjudicator found in Gibson’s favour.

At enforcement, the Judge found that the letter of appointment evidenced an agreement in writing under s107(4) on the basis that the letter constituted a record made by a third party, i.e. Imperial Homes’ agent, with the parties’ authority. This was plain because work began soon after the letter was sent and Imperial Homes did not contend that the work was carried out on terms which were in conflict with those in the letter.