[2005] EWCA Civ 973, 29 July 2005. Considers if the adjudication provisions of a standard form of contract are incorporated within an agreement where a letter has been sent stating an intention to use that a standard form but the contract has not been signed. B and L appealed an earlier ruling ([2004] EWHC 2450 (TCC), Abs68430) on the grounds that B's invitation to tender spelt out in specific terms the provisions of a contract in the standard form, which left only the price and contract period to be agreed. By the date of the letter all the terms had been agreed. B and L also argued that costs should have been referred to a detailed assessment. B resisted the appeal and claimed that the adjudication provisions of the standard form were unfair terms for the purposes of the Unfair Terms in Consumer Contracts Regulations 1999. "Held": appeal allowed as the commercial reality was that the parties had agreed all the terms, including the terms of the standard form, and that when B and L started work they were doing so on those terms; B had no recourse under the Regulations as he had asked B and L as he had asked B and L to tender under those terms; costs had been awarded to B on an indemnity basis rather than following consideration of issues raised by B and L.