James Vernon and Andrew Croft

In OD Developments (‘OD’) v Oak Dry Lining Ltd (‘Oak’), the TCC made a rare decision not to enforce an adjudicator’s award on jurisdictional grounds. It was argued that a Letter of Intent between the parties did not appropriately incorporate the JCT 2011 Design and Build Contract (“the JCT contract”) and the adjudicator therefore lacked jurisdiction to consider the dispute.

In this article, James Vernon and Andrew Croft discuss the implications of the decision for adjudication and how the case is in a long line of cases highlighting the risks associated with letters of intent.

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