Multi-party adjudication
Multi-party adjudication

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

  • Multi-party adjudication

Produced in association with 4 Pump Court

This Practice Note considers whether it is possible to have an adjudication between three or more parties (known as multi-party adjudication), for example if an employer wishes to adjudicate in relation to a defect that was caused by a contractor and a consultant.

Adjudication is not a procedure well suited to multi-party disputes—dealing with submissions from two parties within a 28-day timeframe is often challenging enough, without adding in a further layer of complication (particularly if the two responding parties need to reply to arguments from each other, as well as the referring party). As such, most adjudication regimes, and the Scheme for Construction Contracts, do not contemplate multi-party adjudications. For guidance on which common adjudication rules and standard form contracts permit multi-party disputes, see Practice Note: Adjudication procedure under various construction contracts and rules.

There are, however, contractual schemes purporting to allow non-parties to be joined in an adjudication under that contract. The difficulty in principle with this approach is that it is not easy to see how an adjudication taking place

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