The following Construction guidance note Produced in partnership with Gowling WLG provides comprehensive and up to date legal information covering:
This Practice Note looks at the procedure in the Technology and Construction Court Guide (TCC Guide) for a party to enforce an adjudicator’s decision, as well as other ‘adjudication business’ such as challenges to jurisdiction or the validity of an adjudication.
'Adjudication business' is the term used to describe one particular area of work undertaken by the Technology and Construction Court ('TCC') which relates to the enforcement of adjudicators’ decisions, and other matters connected with adjudication. Other areas of TCC work (known as 'TCC claims') are listed in the TCC Guide, para 1.3.1 and the practice direction to CPR Part 60 (CPR PD 60).
Adjudications are mainly governed by the mandatory provisions of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) which apply automatically to any construction contract as defined in the HGCRA 1996 (see Practice Note: What is a construction contract under the HGCRA 1996?). The majority of adjudicators’ decisions arise from adjudications carried out under these provisions; however, they can also arise from standard form contracts which contain adjudication provisions or ad hoc agreements to adjudicate.
The same TCC enforcement procedure applies to all kinds of adjudication.
Parties can also apply to the TCC for declaratory relief either at the outset of, or during, an adjudication to determine matters such as the jurisdiction of the
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