The following Construction guidance note provides comprehensive and up to date legal information covering:
Produced in association with 4 Pump Court
This Practice Note looks at the adjudication procedure set out in standard form construction contracts and in common adjudication rules such as the Scheme for Construction Contracts (the Scheme) and adjudication bodies. A table setting out the key issues dealt with by each is set out below in Summary of the main differences between the contracts/rules.
Where the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) applies, unless a construction contract includes compliant adjudication provisions (either setting out rules or incorporating them from eg the Scheme or a nominating body), then the rules in Part 1 of the Scheme will apply.
Construction contracts and professional terms of appointment commonly incorporate the adjudication rules set out in the Scheme (eg see clause 9.2 of the JCT Standard Building Contract 2016). These contracts often require the parties to specify an adjudicator or nominating body in the contract, and may include additional rules that also apply (such as clause 9.2.2 of the Standard Building Contract 2016, which requires the adjudicator to appoint an independent expert in certain, limited circumstances).
However, sometimes contracts include detailed, bespoke adjudication provisions which will supplant the rules set out in the Scheme, provided they comply with the requirements of the HGCRA 1996. An example of this is the NEC suite of contracts, which all contain
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