The following Construction guidance note provides comprehensive and up to date legal information covering:
Produced in association with 4 Pump Court
This Practice Note uses the following abbreviations:
HGCRA 1996—The Housing Grants Construction and Regeneration Act 1996
Scheme for Construction Contracts—Scheme for Construction Contracts (England and Wales) Regulations 1998, SI 1998/649
revised Scheme for Construction Contracts—The Scheme for Construction Contracts (England and Wales) Regulations 1998, SI 1998/649 as amended by two regulations:
The Scheme for Construction Contracts (England and Wales) Regulations 1998 (Amendment) (Wales) Regulations 2011, SI 2011/1715
The Scheme for Construction Contracts (England and Wales) Regulations 1998 (Amendment) (England) Regulations 2011, SI 2011/2333
Once a Notice of Adjudication has been given, and a person has been appointed to act as an adjudicator, the dispute must be formally referred to the adjudicator. The 'Referral Notice' is the referral of the dispute in writing to the adjudicator (Nuttall).
Under the HGCRA 1996 and the Scheme for Construction Contracts, the dispute must be referred not later than seven days from the date of the Notice of Adjudication.
In William Verry, a Referral Notice was held to be valid where served within eight days on the basis that it complied with the adjudicator’s directions.
However, the Court of Appeal stated in Lanes Group that the adjudicator has no power to proceed until they
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234