Adjudication—time limits for making decisions
Adjudication—time limits for making decisions

The following Construction guidance note provides comprehensive and up to date legal information covering:

  • Adjudication—time limits for making decisions
  • Generally
  • When does time run from?
  • When does time run to?
  • Extending time
  • Failure to make the decision on time
  • Reaching and delivering the decision
  • Withholding the decision for the non payment of fees

Produced in association with 4 Pump Court

This Practice Note uses the following abbreviations:

  1. HGCRA 1996—The Housing Grants Construction and Regeneration Act 1996

  2. The Scheme for Construction Contracts—The Scheme for Construction Contracts (England and Wales) Regulations 1998, SI 1998/649

  3. revised Scheme for Construction Contracts—The Scheme for Construction Contracts (England and Wales) Regulations 1998, SI 1998/649 as amended by two regulations:

    1. The Scheme for Construction Contracts (England and Wales) Regulations 1998 (Amendment) (Wales) Regulations 2011, SI 2011/1715

    2. The Scheme for Construction Contracts (England and Wales) Regulations 1998 (Amendment) (England) Regulations 2011, SI 2011/2333

Generally

In adjudications under the Scheme for Construction Contracts, an adjudicator is required to reach a decision within '28 days of referral or such longer period as is agreed by the parties' after the dispute has been referred (HGCRA 1996, s 108(2)(c)).

Time limits in adjudication are strictly enforced by the courts. The courts have held that the only way to ensure the two objectives of adjudication, namely speed and certainty, is for the adjudicator and the parties to comply with the statutory time limits (Cubitt).

Some disputes will be so extensive and/or complex that it would not be possible for an adjudicator to determine the issues fairly within the 28-day period. If an adjudicator considers that he will require an extension of time and the parties are not willing to

Related documents: