Commentary

162 Adjudication under the Scheme for Construction Contracts

BUILDING AND ENGINEERING vol 5

162 Adjudication under the Scheme for Construction Contracts

162 Adjudication under the Scheme for Construction Contracts

The adjudication process under the Scheme for Construction Contracts (‘the Scheme’)1 begins when the party bringing the adjudication (the ‘referring party’) gives written notice (the ‘notice of adjudication’) to every other party to the contract of his intention to refer a dispute to adjudication. The notice of adjudication should set out brief details of the dispute and the parties involved, details of where and when the dispute has arisen, the nature of redress which is sought and the names and addresses of the parties to the contract. It remains unsettled whether the requirements of Paragraph 1(3) of the Scheme are directory or mandatory2. A copy of this notice is sent to the adjudicator named in the contract, if any, or to one of the bodies (‘Adjudicator Nominating Bodies’) that offer an adjudication nominating service3. If the request is made to an Adjudicator Nominating Body4, then that

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