The right to adjudicate
The right to adjudicate

The following Construction guidance 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 ‘under’ or ‘in connection with’ the contract
  • The right to bring multiple adjudications
  • Multiple parties in one adjudication
  • Restrictions and limitations on right to adjudicate
  • Challenge to the right to adjudicate

Produced in association with 4 Pump Court

This Practice Note looks at the entitlement to adjudicate, including how it arises (from a statutory, contractual and/or ad hoc right), when it may be exercised, and restrictions or limitations on the right to adjudicate. It also considers whether a dispute has arisen under the relevant construction contract and provides tips if a party is considering bringing multiple adjudications.

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 adjudication 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