Q&As

Is it possible for a referring party to submit arguments and documents in its adjudication reply which were not included in its referral?

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Produced in partnership with 4 Pump Court
Published on LexisPSL on 24/10/2017

The following Construction Q&A Produced in partnership with 4 Pump Court provides comprehensive and up to date legal information covering:

  • Is it possible for a referring party to submit arguments and documents in its adjudication reply which were not included in its referral?

Every dispute referred to an adjudicator is defined by reference to the notice of adjudication—a referring party is not entitled to increase the scope of the dispute via arguments and documents in its reply without agreement between the parties and the adjudicator. See, for example, KNS Industrial Services (Birmingham) Ltd v Sindall Ltd and Mecright v. TA Morris Developments Limited 26th June 2001 (not reported by LexisNexis®).

However, a referring party can respond in its reply to matters raised in the response and provide documen

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