Defining adjudication
Defining adjudication

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

  • Defining adjudication
  • Defining adjudication
  • Construction contracts entered into on or after 1 October 2011
  • Construction contracts entered into between 1 May 1998 and 30 September 2011
  • General principles of adjudication
  • Contractual adjudication
  • Ad-hoc adjudication

Produced in association with 4 Pump Court

Abbreviations used in this Practice Note:

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

  2. LDEDCA 2009—Local Democracy, Economic Development and Construction Act 2009

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

  4. 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

Defining adjudication

Adjudication in the construction industry is a dispute resolution process:

  1. which gives parties to a ‘construction contract’ a mandatory right to adjudicate their disputes under that agreement

  2. which may take place 'at any time'

  3. by which a referral is made to an impartial third party adjudicator who acts on the basis of the information that the parties provide to him

  4. which has a very tight timescale

  5. by which the adjudicator’s conclusions are provisionally binding on the parties unless and until the dispute is finally resolved by arbitration, litigation, or agreement

Statutory adjudication was introduced to the construction industry in May 1998. The relevant statutory provisions being:

  1. the HGCRA 1996, ss 104–117

  2. the Scheme for Construction Contracts (England and Wales) Regulations 1998, SI