The adjudicator's jurisdiction
The adjudicator's jurisdiction

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

  • The adjudicator's jurisdiction
  • What is the adjudicator’s jurisdiction?
  • Need for a construction contract
  • Jurisdiction given by the HGCRA 1996
  • Jurisdiction given by the Scheme for Construction Contracts
  • Binding nature of the adjudicator's decision on jurisdiction
  • Grounds on which an adjudicator's jurisdiction may be challenged
  • Mistakes of fact, errors of law and procedural errors
  • Who decides questions about the adjudicator’s jurisdiction?

Produced in association with 4 Pump Court

Abbreviations used in this Practice Note:

  1. HGCRA 1996—The Housing Grants Construction and Regeneration Act 1996

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

What is the adjudicator’s jurisdiction?

The jurisdiction or authority of the adjudicator is the duty and power given to make decisions in relation to the parties’ contractual rights. The adjudicator’s authority derives from:

  1. the HGCRA 1996

  2. the contract between the parties and/or

  3. the Scheme for Construction Contracts

In many cases, the most important source of the adjudicator’s jurisdiction will be the contractual terms agreed by the parties and any contractual adjudication rules which apply.

The HGCRA 1996 sets out the minimum requirements of the adjudicator’s duties and powers, and these are to be read in conjunction with the Scheme for Construction Contracts (if it applies by default or incorporation), the construction contract, and/or any applicable contractual adjudication rules.

However, the parties can, of course, agree to give the adjudicator greater duties and powers. For example, the parties might agree that the adjudicator’s decision on his own jurisdiction will be binding or that he can award the costs inter parties.

Practical consideration: it is important to look carefully at the extent to which an adjudicator has either been granted jurisdiction or has specifically been deprived of jurisdiction for a