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Adjudication Guide - Commercial Contract Adjudication

The Arbicon Guide to Commercial Contract Adjudication

A Statutory Right to Adjudication

There is a Statutory Right to Adjudicate Commercial Construction Contracts.

S.108 (2) (a) HGCR Act 1996:

"The contract shall enable a party to give notice at any time of his intention to refer a dispute to adjudication"

Irrespective of whether contracts are in writing or are verbal (after 1st October 2011) there is an absolute right to Adjudicate.

There is no legal process that can stop Adjudication in commercial cases.

If there are contract conditions demanding Mediation, meetings, Court, or Arbitration to be explored first, these types of clauses are void.

The Adjudicators decision is legally binding on the parties and unless otherwise agreed to a later time, is made within 28 days of the adjudication referral.

All Commercial Construction Contracts must comply with the Construction Act, which primarily focuses on Payment Rights and Adjudication Rights. The contract Adjudication clause must comply or it will be void. If the Adjudication clause is void, deleted or non-existent the Statutory "Scheme" applies. The Scheme referred to in this Adjudication guide is part of the Construction Act Legislation and provides implied contract terms for governing the Adjudication.

Arbicon have prepared a guide to the commercial Adjudication process. Please do not hesitate to call Arbicon or email us with any questions you may have. Arbicon do not recommend that you attempt to take part in Adjudication without professional advice.

What is a Commercial Construction Adjudication?

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