Introduction to adjudication clauses and procedures
Published by a LexisNexis Construction expert
Practice notesIntroduction to adjudication clauses and procedures
Published by a LexisNexis Construction expert
Practice notesProduced in association with 4 Pump Court
This Practice Note looks at common features of adjudication clauses in construction contracts, and the adjudication procedures set out in standard form construction contracts and in common adjudication Rules, such as the Scheme for Construction Contracts (the Scheme) and industry bodies.
Adjudication clauses in construction contracts
Adjudication clauses most commonly appear in construction contracts, principally because the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) requires that all construction contracts provide for a compliant adjudication procedure. If the contract does not contain compliant adjudication provisions, the provisions in the Scheme for Construction Contracts (the Scheme) will apply (by virtue of the HGCRA 1996, s 108(5)).
Generally, an adjudication clause sets out the procedure or rules which will apply if either party chooses to commence an adjudication. See Precedent: Adjudication clause—construction contracts. However, parties may include a clause that makes adjudication a mandatory step, rather than just an optional one. For example, under the NEC standard form contracts, adjudication is a mandatory step in the dispute resolution process—see
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