Multiple adjudication decisions
Multiple adjudication decisions

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

  • Multiple adjudication decisions
  • Multiple decisions on the same dispute
  • Multiple decisions—the 'same or substantially the same' dispute
  • Decisions in which the dispute was found NOT to be the 'same or substantially the same'
  • Decisions in which the dispute was found to be the 'same or substantially the same'
  • Successive adjudications dealing with extensions of time
  • Successive adjudications dealing with interim payments
  • Successive adjudications and the final account
  • Alleged inconsistencies between successive adjudications

Produced in association with 4 Pump Court

Relevant legislation:

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

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

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

Multiple decisions on the same dispute

The HGCRA 1996, s 108 provides that parties are bound by an adjudicator's decision on a dispute/difference until final determination by the court or arbitration proceedings or party agreement. Consequently a dispute which has already been the subject of a decision of an adjudicator cannot be referred again for adjudication. If the provisions in HGCRA 1996, s 108 dealing with a right to adjudicate are not complied with the Scheme for Construction Contracts applies. The Scheme for Construction Contracts, para 9(2) provides that:

'An adjudicator must resign when the dispute is the same or substantially the same as the one which has previously been referred to adjudication and a decision has been taken in that adjudication' (emphasis added)

The issue of whether a dispute being referred to an adjudicator is the 'same or substantially the same dispute' as that heard by a previous adjudicator is therefore important as it affects the jurisdiction of an adjudicator.

Practical consideration: in principle, if there is a previous valid decision in respect of a dispute then logically there can be

Related documents: