Discusses the case "Tracy Bennett v FMK Construction Ltd" (L130445) concerning an application under Part 8 of the Civil Procedure Rules for declarations on the construction and effect of terms of a contract. The first attempt to appoint ended with the the adjudicator resigning because Bennett (B) argued that the appointment had not been secured within seven days of the notice of intention. The adjudicator was reappointed but now it could be considered that the proceedings had not been commenced within 28 days of the issue of the final certificate. The case considered whether the issue of the first notice of intention to adjudicate was sufficient to comply with the contract provisions. The court held that the adjudicator need not have resigned as there was no obligation for FMK to secure the appointment of an adjudicator within seven days. Consequently the proceedings were not found to have been commenced within 28 days.