Q&As

Can a party to a construction contract unilaterally decide to bring court proceedings without first having referred the dispute to adjudication if there is an adjudication provision in the contract?

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Produced in partnership with Abdul Jinadu of Keating Chambers
Published on: 08 July 2020

The answer depends entirely on the provisions of the contract. The starting point is that if the contract is a construction contract within the terms of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) and the provisions of HGCRA 1996 apply to such a contract, there is an entitlement to refer a dispute to adjudication at any time. HGCRA 1996, s 108(2) provides that the contract shall 'enable a party to give notice at any time of his intention to refer a dispute to adjudication'.

The courts have strictly adhered to the statutory provision that notice of adjudication

Abdul Jinadu
Abdul Jinadu

Barrister, Keating Chambers

Abdul Jinadu was called to the Bar in 1995 and has been a practising barrister in Keating Chambers since 1996, specialising in construction, engineering and energy disputes, and domestic and international arbitration. His practice covers a wide spectrum of advisory work, drafting and advocacy, related to standard form and bespoke contracts; contractors’, sub-contractors’ and employers’ claims; and professional negligence claims (architects, engineers, surveyors and valuers). He has acted for the full spectrum of clients, including construction and engineering companies, government organisations, corporations, public utilities, local authorities, consultancies, architects and engineers. He has extensive experience in the Court of Appeal, appearing there without the benefit of leading counsel.

He has extensive experience of a wide range of disputes and advisory work relating to infrastructure projects. Significant cases have involved oil and gas facilities, pharmaceutical plants, hospitals, mining, marine construction and major projects at Canary Wharf, as well as local authority cases and other major construction projects.

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United Kingdom
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