Below is an introduction to the topic of adjudication. You can also search for your specific topic using the Search box at the top of the page or click on any of the following keywords and phrases: Construction Act;dispute resolution; Housing Grants,Construction and Regeneration Act; Users' Guide.
Adjudication is a 28-day dispute resolution procedure, whereby an impartial third party decides disputes between the parties. The decision is binding but the whole dispute can be opened again in litigation or arbitration, although in practice this rarely happens.
S. 108 of the Housing Grants, Regeneration and Construction Act 1996 ('Construction Act') introduces the right for parties to construction contracts (as defined in the Construction Act) to refer disputes arising under the contract to an adjudicator at any time. This is a statutory right; if your contract does not contain an adjudication procedure or it contains a procedure that does not comply with the Construction Act, then a default scheme, the Scheme for Construction Contracts, will apply.
Extent
The Construction Act applies only to construction projects carried out in England, Wales and Scotland and in Northern Ireland by virtue of The Construction Contracts (Northern Ireland) Order 1997.