The following Construction practice note provides comprehensive and up to date legal information covering:
Produced in association with 4 Pump Court
This Practice Note looks at the responding party’s defence to a Referral Notice in an adjudication—typically called the Response. The purpose of the Response is to set out clearly and concisely the responding party’s case—effectively comprising its pleadings, evidence, opening and closing submissions all rolled into one. This Practice Note considers the entitlement/requirement to serve a Response, the deadline for doing so, and issues that can be included in a Response, as well as providing practical tips for drafting it.
Other helpful summaries on issues which may be relevant are available in Checklists: Key issues to consider on receipt of a Notice of Adjudication and Key issues to consider when preparing an Adjudication Response.
The Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) and the Scheme for Construction Contracts do not expressly provide for any response from the responding party to either the Notice of Adjudication or the Referral Notice. However, the adjudicator has a general power to issue directions relating to the conduct of the adjudication and one of those directions will invariably be the service of a Response. It would be a breach of natural justice not to permit the responding party any opportunity to present its case—see CJP Builders v William Verry and Practice Note: Breach of natural justice in adjudication.
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