Adjudication decision—correcting errors under the slip rule
Adjudication decision—correcting errors under the slip rule

The following Construction guidance note provides comprehensive and up to date legal information covering:

  • Adjudication decision—correcting errors under the slip rule

An adjudicator has the ability to correct an accidental error or omission provided they do so within a reasonable time of making their decision. This is known as the ‘slip rule’ as it applies where an adjudicator’s mistake is an 'inadvertent slip' which does not reflect their first thought and intention.

This rule was implied pursuant to common law (in the absence of any agreement to the contrary). However, the slip rule is now encapsulated in section 108(3A) of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) (as introduced by the Local Democracy, Economic Development and Construction Act 2009, which applies to contracts entered into on or after 1 October 2011 in England and Wales and 1 November 2011 in Scotland).

HGCRA 1996, s 108(3A) requires a contract to include a written provision 'permitting the adjudicator to correct his decision so as to remove a clerical or typographical error arising by accident or omission'.

Further provisions are included in Part I of the Scheme for Construction Contracts (as amended) such that:

  1. an adjudicator may correct their decision so as to remove a clerical or typographical error arising by accident or omission, whether pursuant to their own initiative or on the application of a party (para 22A(1))

  2. any correction of a decision must be made within five days of the delivery of