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.

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

Further provisions are included in the Scheme for Construction Contracts (as amended from 1 October 2011) 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 the decision to the parties (para 22A(2))

Related documents: