View the related practice notes about Adjudication
The adjudicator's jurisdiction
This Practice Note looks at an adjudicator’s jurisdiction/authority, including how it arises, the ability of an adjudicator to make a binding decision on whether they have jurisdiction, and the impact (if any) of mistakes of fact, errors of law or procedural errors on the adjudicator’s jurisdiction. For guidance on challenging an adjudicator’s jurisdiction, see Practice Notes: Grounds for a jurisdictional challenge in an adjudication and Making a jurisdictional challenge in an adjudication.What is the adjudicator’s jurisdiction?The jurisdiction (or authority) of the adjudicator is essentially their power to make decisions in relation to the parties’ rights.The adjudicator’s authority derives from:•the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996)•the contract between the parties, and/or•the applicable adjudication rules, such as the Scheme for Construction ContractsAn ‘adjudicator’s jurisdiction’ is also often used to refer to the scope of what they are entitled to decide, ie the dispute contained in the Notice of Adjudication. For example, an adjudicator does not have jurisdiction to decide that the employer is required to pay the amount of £X to the contractor in respect of loss and expense if the Notice of Adjudication only seeks a determination as to the length of an extension of time (see Practice Note: The Notice of Adjudication).In many cases, the most important source of the adjudicator’s jurisdiction will be the contractual
Adjudication timescales
Produced in association with 4 Pump CourtThis Practice Note considers the timescales for an adjudication under the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) and the Scheme for Construction Contracts. In particular, it looks at adherence to the timetable, how time periods are calculated and whether tight timescales can give rise to a breach of natural justice.The HGCRA 1996 provides specific timescales for the service of the Referral Notice and the adjudicator’s decision, but otherwise does not prescribe time periods for other steps in an adjudication. However, the power to set the timetable is within the adjudicator’s discretion, which will include setting a deadline for the Response and any other steps it considers necessary—see Practice Note: The adjudicator's powers, directions and duties.Adherence to the timetableThe overriding principle of the adjudication process is that speed is given precedence over accuracy—what matters most is a quick decision, not necessarily a wholly accurate one. This principle is based on the recognition that cash flow is paramount during a construction project.The courts have consistently stressed that if the mandatory timetable is not adhered to, uncertainty would be introduced, which would undermine the whole adjudication process (Hart Investments v Fidler).In Hart Investments, the court explained:'The whole point of adjudication is that speed is given precedence over accuracy. What matters is a quick decision, not necessarily a correct
The Notice of Adjudication
Produced in association with 4 Pump CourtA Notice of Adjudication is the first step in commencing an adjudication. This Practice Note sets out what to consider before serving the Notice of Adjudication, why it must be given and what it should contain. It also provides guidance on the timing of the Notice, how it should be given and whether it can be revised. For a Precedent Notice of Adjudication, see: Notice of Adjudication.What is the Notice of Adjudication?Both the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) and the Scheme for Construction Contracts provide for the service of a written notice of a party’s intention to refer a dispute to adjudication. The Scheme for Construction Contracts (Part I, para 1) refers to this as the ‘notice of adjudication’. The same terminology is used in this Practice Note, although the notice may also be referred to in case law or by other parties as the ‘notice of intention to seek adjudication’, ‘notice of intention to refer to adjudication’ or the ‘adjudication notice’.It should be distinguished from the ‘Referral Notice’, which is served after the Notice of Adjudication and contains the referring party’s full claim (see Practice Note: Adjudication—the Referral Notice).The Notice of Adjudication:•alerts all other parties to the contract that a dispute has crystallised and is to be referred to
Appointing the adjudicator
Produced in association with 4 Pump CourtThis Practice Note looks at the issues that a referring party will need to consider when seeking the appointment of an adjudicator, such as the timetable, whether an adjudicator is specified or appointed by an adjudicator nominating body (ANB), requirements for a particular adjudicator, and restrictions on or attempts to exclude certain persons from adjudicating the dispute. Finally, guidance for corresponding with the adjudicator is provided.In relation to an adjudicator’s ability to resign and/or for a referring party to terminate their appointment, see Practice Notes: Resignation by the adjudicator and Abandoning or ending an adjudication early.IntroductionOnce the Notice of Adjudication has been served, the referring party will need to seek the appointment of an adjudicator in a timely manner. This is because the adjudicator must be appointed and the Referral Notice served on them within seven days after the Notice of Adjudication (where the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) applies). Where the HGCRA 1996 does not apply, a different period may be specified in the contract.The adjudicator or ANB will often be specified in the contract. In the absence of a named person/body, the referring party should apply to an entity holding itself out as an ANB (see below under No named adjudicator or nominating body).The request for the person to act
The adjudicator's jurisdiction
This Practice Note looks at an adjudicator’s jurisdiction/authority, including how it arises, the ability of an adjudicator to make a binding decision on whether they have jurisdiction, and the impact (if any) of mistakes of fact, errors of law or procedural errors on the adjudicator’s jurisdiction. For guidance on challenging an adjudicator’s jurisdiction, see Practice Notes: Grounds for a jurisdictional challenge in an adjudication and Making a jurisdictional challenge in an adjudication.What is the adjudicator’s jurisdiction?The jurisdiction (or authority) of the adjudicator is essentially their power to make decisions in relation to the parties’ rights.The adjudicator’s authority derives from:•the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996)•the contract between the parties, and/or•the applicable adjudication rules, such as the Scheme for Construction ContractsAn ‘adjudicator’s jurisdiction’ is also often used to refer to the scope of what they are entitled to decide, ie the dispute contained in the Notice of Adjudication. For example, an adjudicator does not have jurisdiction to decide that the employer is required to pay the amount of £X to the contractor in respect of loss and expense if the Notice of Adjudication only seeks a determination as to the length of an extension of time (see Practice Note: The Notice of Adjudication).In many cases, the most important source of the adjudicator’s jurisdiction will be the contractual
Adjudication timescales
Produced in association with 4 Pump CourtThis Practice Note considers the timescales for an adjudication under the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) and the Scheme for Construction Contracts. In particular, it looks at adherence to the timetable, how time periods are calculated and whether tight timescales can give rise to a breach of natural justice.The HGCRA 1996 provides specific timescales for the service of the Referral Notice and the adjudicator’s decision, but otherwise does not prescribe time periods for other steps in an adjudication. However, the power to set the timetable is within the adjudicator’s discretion, which will include setting a deadline for the Response and any other steps it considers necessary—see Practice Note: The adjudicator's powers, directions and duties.Adherence to the timetableThe overriding principle of the adjudication process is that speed is given precedence over accuracy—what matters most is a quick decision, not necessarily a wholly accurate one. This principle is based on the recognition that cash flow is paramount during a construction project.The courts have consistently stressed that if the mandatory timetable is not adhered to, uncertainty would be introduced, which would undermine the whole adjudication process (Hart Investments v Fidler).In Hart Investments, the court explained:'The whole point of adjudication is that speed is given precedence over accuracy. What matters is a quick decision, not necessarily a correct
The Notice of Adjudication
Produced in association with 4 Pump CourtA Notice of Adjudication is the first step in commencing an adjudication. This Practice Note sets out what to consider before serving the Notice of Adjudication, why it must be given and what it should contain. It also provides guidance on the timing of the Notice, how it should be given and whether it can be revised. For a Precedent Notice of Adjudication, see: Notice of Adjudication.What is the Notice of Adjudication?Both the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) and the Scheme for Construction Contracts provide for the service of a written notice of a party’s intention to refer a dispute to adjudication. The Scheme for Construction Contracts (Part I, para 1) refers to this as the ‘notice of adjudication’. The same terminology is used in this Practice Note, although the notice may also be referred to in case law or by other parties as the ‘notice of intention to seek adjudication’, ‘notice of intention to refer to adjudication’ or the ‘adjudication notice’.It should be distinguished from the ‘Referral Notice’, which is served after the Notice of Adjudication and contains the referring party’s full claim (see Practice Note: Adjudication—the Referral Notice).The Notice of Adjudication:•alerts all other parties to the contract that a dispute has crystallised and is to be referred to
Appointing the adjudicator
Produced in association with 4 Pump CourtThis Practice Note looks at the issues that a referring party will need to consider when seeking the appointment of an adjudicator, such as the timetable, whether an adjudicator is specified or appointed by an adjudicator nominating body (ANB), requirements for a particular adjudicator, and restrictions on or attempts to exclude certain persons from adjudicating the dispute. Finally, guidance for corresponding with the adjudicator is provided.In relation to an adjudicator’s ability to resign and/or for a referring party to terminate their appointment, see Practice Notes: Resignation by the adjudicator and Abandoning or ending an adjudication early.IntroductionOnce the Notice of Adjudication has been served, the referring party will need to seek the appointment of an adjudicator in a timely manner. This is because the adjudicator must be appointed and the Referral Notice served on them within seven days after the Notice of Adjudication (where the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) applies). Where the HGCRA 1996 does not apply, a different period may be specified in the contract.The adjudicator or ANB will often be specified in the contract. In the absence of a named person/body, the referring party should apply to an entity holding itself out as an ANB (see below under No named adjudicator or nominating body).The request for the person to act
The adjudicator's jurisdiction
This Practice Note looks at an adjudicator’s jurisdiction/authority, including how it arises, the ability of an adjudicator to make a binding decision on whether they have jurisdiction, and the impact (if any) of mistakes of fact, errors of law or procedural errors on the adjudicator’s jurisdiction. For guidance on challenging an adjudicator’s jurisdiction, see Practice Notes: Grounds for a jurisdictional challenge in an adjudication and Making a jurisdictional challenge in an adjudication.What is the adjudicator’s jurisdiction?The jurisdiction (or authority) of the adjudicator is essentially their power to make decisions in relation to the parties’ rights.The adjudicator’s authority derives from:•the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996)•the contract between the parties, and/or•the applicable adjudication rules, such as the Scheme for Construction ContractsAn ‘adjudicator’s jurisdiction’ is also often used to refer to the scope of what they are entitled to decide, ie the dispute contained in the Notice of Adjudication. For example, an adjudicator does not have jurisdiction to decide that the employer is required to pay the amount of £X to the contractor in respect of loss and expense if the Notice of Adjudication only seeks a determination as to the length of an extension of time (see Practice Note: The Notice of Adjudication).In many cases, the most important source of the adjudicator’s jurisdiction will be the contractual
Adjudication timescales
Produced in association with 4 Pump CourtThis Practice Note considers the timescales for an adjudication under the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) and the Scheme for Construction Contracts. In particular, it looks at adherence to the timetable, how time periods are calculated and whether tight timescales can give rise to a breach of natural justice.The HGCRA 1996 provides specific timescales for the service of the Referral Notice and the adjudicator’s decision, but otherwise does not prescribe time periods for other steps in an adjudication. However, the power to set the timetable is within the adjudicator’s discretion, which will include setting a deadline for the Response and any other steps it considers necessary—see Practice Note: The adjudicator's powers, directions and duties.Adherence to the timetableThe overriding principle of the adjudication process is that speed is given precedence over accuracy—what matters most is a quick decision, not necessarily a wholly accurate one. This principle is based on the recognition that cash flow is paramount during a construction project.The courts have consistently stressed that if the mandatory timetable is not adhered to, uncertainty would be introduced, which would undermine the whole adjudication process (Hart Investments v Fidler).In Hart Investments, the court explained:'The whole point of adjudication is that speed is given precedence over accuracy. What matters is a quick decision, not necessarily a correct
View the related q&as about Adjudication
Can a party correct mistakes in a pay less notice in response to a final account claim?
Can a party correct mistakes in a pay less notice in response to a final account claim?This Q&A looks at whether a party can correct mistakes in a pay less notice that was given in response to a default payment notice for a final account. We have focused on the position under the Joint Contracts Tribunal (JCT) forms of contract or similar contracts which contain provisions for the final account to become final and conclusive after a defined period. We have also assumed the mistakes are substantive in nature rather than, for example, merely typographical.The payee (ie the party receiving the payment and therefore the pay less notice) cannot correct mistakes in a pay less notice. If the payee disagrees with the contents of a pay less notice and wishes to challenge the same, its only options are to refer the dispute to adjudication or to litigate the same in court or arbitration (depending on what is provided for in the contract). Where there are time limits or other conditions imposed by the contract for challenges to the final account, these need to be adhered to.The more usual circumstance arises where a paying party has issued a pay less notice, identifying reasons why it is entitled to pay less than the sum identified in the default payment notice, but subsequently wishes to amend the
My client wants to use the GC Works contract as they are familiar with it—is this form still used?
My client wants to use the GC Works contract as they are familiar with it—is this form still used?The GC Works contract (the Government General Conditions of Contract for Building and Engineering Work) used to be the standard form that was used for public sector construction contracts. It could also be used for works in the private sector. Like other suites of construction contract, the GC Works suite included versions with and without quantities, as well as design and build, and minor works forms. Additional supporting documents such as bonds,
What is the limitation period for an adjudication decision? Does issuing proceedings to implement a decision count as 'issuing proceedings' and thus the limitation period is stopped?
What is the limitation period for an adjudication decision? Does issuing proceedings to implement a decision count as 'issuing proceedings' and thus the limitation period is stopped?There are several limitation periods that may be potentially relevant in the context of an adjudication decision. These are the periods in which to bring a claim to:•enforce the adjudication decision•seek repayment of any monies paid out in satisfaction of the adjudication award, or•finally determine the substantive/underlying disputeIssuing proceedings in respect of one of these claims does not ‘stop the clock’ (for the purposes of the Limitation Act 1980 (LA 1980)) for either of the other claims.Enforcement of the adjudication decisionA successful party can commence proceedings to enforce a valid adjudication decision by issuing a Part 7 claim and making a summary judgment application. This enables the successful party to obtain a court judgment on the adjudicator’s decision, albeit the judgment is not ‘finally binding’ as either party can bring fresh proceedings to deal with the underlying or substantive issues (discussed below). For further information on enforcing a decision, see Practice Note: Enforcing an adjudicator's decision in the TCC.In the Supreme Court decision of Aspect Contracts v Higgins Construction, it was confirmed that an adjudication decision is enforceable by action founded on the contractual obligation to comply with the decision. The limitation period for commencing
How can a local authority recovery care fees after the person receiving the care has died? Can interest continue to be charged to the estate after death?
How can a local authority recovery care fees after the person receiving the care has died? Can interest continue to be charged to the estate after death?The Care Act 2014 (CA 2014) provides a framework for the recovery of debts resulting from a local authority’s involvement in support and care, revoking section 22 of the Health and Social Services and Social Security Adjudications Act 1983. Under CA 2014, s 69, any sum due to a local authority under this part is recoverable by the authority as a debt due to it.Comprehensive information and guidance on how local authorities should implement CA 2014 is found in the Care and support statutory guidance. In section 8.30 of the guidance, it is stated
Does a blogger need to make it clear that they are affiliated with a product and is receiving payment?
Does a blogger need to make it clear that they are affiliated with a product and is receiving payment?Yes, wherever there is a payment or any other reciprocal arrangement between a blogger and a brand, that commercial relationship must be made clear. The content should be clearly labelled and that label should be placed in a prominent position where readers will see it before they choose to engage with the content. Regardless of how consumers arrive at the content (even if it is via a labelled homepage or search listing), the labels highlighted in this note must be placed on the content page itself—you cannot rely on disclosures on other pages. See: Making ads clear: The challenge for advertisers and vloggers.A key principle of the UK Code of Non-broadcast Advertising and Direct & Promotional Marketing (CAP Code) is that ads should be obviously identifiable as
A local authority has two charges registered against a freehold property in Wales in respect of care charges under the Health and Social Services and Social Security Adjudications Act 1983. The service user and sole owner of the property died intestate two years ago, however to date a grant of representation has not been obtained and so the debt for care fees remains unpaid. Is it possible to force a sale as creditor to discharge the debt, as the charges take effect as a legal mortgage under the Law of Property Act 1925?
A local authority has two charges registered against a freehold property in Wales in respect of care charges under the Health and Social Services and Social Security Adjudications Act 1983. The service user and sole owner of the property died intestate two years ago, however to date a grant of representation has not been obtained and so the debt for care fees remains unpaid. Is it possible to force a sale as creditor to discharge the debt, as the charges take effect as a legal mortgage under the Law of Property Act 1925?The regime under the Health and Social Services and Social Security Adjudications Act 1983 (HSSSSAA 1983) allows for the charging of the provision of various services, including accommodation provided by a local authority, and where a sum assessed as due is not paid for the local authority to create a charge in their favour on the interest of the debtor in any land in England and Wales in which they have a beneficial interest. By
The Housing Grants, Construction and Regeneration 1996 does not apply to agreements which fall within the ‘development agreement’ exception in the Construction Contracts (England and Wales) Exclusion Order, SI 1998/648. SI 1998/648 provides that a contract is a development agreement if it provides for the grant or disposal of a relevant interest in the land on which the construction operations take place (SI 1998/648, reg 6). Would a forward funding agreement (where there is a separate sale and purchase contract with the fund) fall within the development agreement exception, even if it contains no obligations on the developer as to letting of units?
The Housing Grants, Construction and Regeneration 1996 does not apply to agreements which fall within the ‘development agreement’ exception in the Construction Contracts (England and Wales) Exclusion Order, SI 1998/648. SI 1998/648 provides that a contract is a development agreement if it provides for the grant or disposal of a relevant interest in the land on which the construction operations take place (SI 1998/648, reg 6). Would a forward funding agreement (where there is a separate sale and purchase contract with the fund) fall within the development agreement exception, even if it contains no obligations on the developer as to letting of units?Whether a forward funding agreement is exempt from the requirements of HGCRA 1996 will depend on the precise terms of the relevant agreement.By way of background, HGCRA 1996, as amended by the Part 8 of the Local Democracy, Economic Development and Construction Act 2009 (LDEDCA 2009) sets out mandatory requirements for 'construction contracts' relating to adjudication and payment. 'Construction contracts' is defined widely under in LDEDCA 2009 and covers contracts for the carrying out of construction operations such as the construction, alteration, repair, maintenance, extension, demolition and dismantling of buildings. Building contracts will generally be caught, as well as services contracts such as consultant appointments. However various types of contract are excluded from the definition
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