The right to adjudicate
The right to adjudicate

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

  • The right to adjudicate
  • Statutory adjudication
  • Contractual adjudication
  • Ad hoc adjudication
  • Right to adjudicate ‘at any time’
  • Dispute arising ‘under’ the contract
  • Assignment, novation and third party rights
  • The right to bring multiple adjudications
  • Same adjudicator or a different adjudicator
  • Concurrent adjudications
  • More...

The right to adjudicate

Produced in association with 4 Pump Court

This Practice Note looks at a party’s entitlement to adjudicate, including how it arises (from a statutory, contractual and/or ad hoc right), when the right may be exercised and whether a dispute has arisen under a construction contract. It also considers assignment, novation and third party rights, the use of multiple adjudications and adjudication where the referring party is in liquidation.

For guidance on requirements relating to the scope of a dispute, see Practice Note: Adjudication—is there a ‘dispute’? which covers whether a dispute has crystallised, is a single dispute (although it may involve multiple issues), is not the same or substantially the same dispute as one that has been determined previously in an adjudication, court or arbitral proceedings, and issues regarding settlement of disputes.

For practical considerations to take into account before commencing an adjudication, see Checklist: Issues to consider before commencing an adjudication and Practice Note: The Notice of Adjudication.

Statutory adjudication

Adjudication in the construction industry is a dispute resolution process which provides a speedy mechanism for parties to resolve disputes. Most construction contracts will contain a right to adjudicate due to the statutory entitlement imposed by the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) (see Practice Note: Introduction to the HGCRA 1996), and therefore the focus of this Practice Note is primarily

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