The following Construction guidance note provides comprehensive and up to date legal information covering:
Produced in association with 4 Pump Court
This Practice Note looks at an adjudicator’s jurisdiction/authority, including how it arises, the ability of an adjudicator to make a binding decision on whether they have jurisdiction, and the impact (if any) of mistakes of fact, errors of law or procedural errors on the adjudicator’s jurisdiction.
For guidance on challenging an adjudicator’s jurisdiction, see Practice Notes: Grounds for a jurisdictional challenge in an adjudication and Making a jurisdictional challenge in an adjudication.
The jurisdiction (or authority) of the adjudicator is essentially their power to make decisions in relation to the parties’ rights.
The adjudicator’s authority derives from:
the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996)
the contract between the parties, and/or
the applicable adjudication rules, such as the Scheme for Construction Contracts
An ‘adjudicator’s jurisdiction’ is also often used to refer to the scope of what they are entitled to decide, ie the dispute contained in the Notice of Adjudication. For example, an adjudicator does not have jurisdiction to decide that the employer is required to pay the amount of £X to the contractor in respect of loss and expense if the Notice of Adjudication only seeks a determination as to the length of an extension of time (see Practice Note: The Notice of Adjudication).
In many cases, the most
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