The following Construction Q&A Produced in partnership with Ryan Turner of Lamb Chambers provides comprehensive and up to date legal information covering:
Effective service of the referral notice and other documents is essential for any party wishing to pursue adjudication as a means to resolve a dispute. If this issue is left uncertain, it is likely that a responding party would use it to challenge enforceability of the award upon enforcement.
Section 115 of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) provides that the parties are free to agree in their contract the manner of service of ‘any notice or other document required or authorised to be served in pursuance of the construction contract or for any of the purposes of HGCRA 1996, Pt II’.
As the contract referred to in this Q&A specifies how service is to be effected, those provisions should be followed as a primary means of communication. If the wording of the contract is mandatory (ie to the effect that ‘all documents relating to this contract, including notices relating to adjudications, must be delivered by first class post or by hand’), then it is likely that any use of electronic means would be impermiss
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