Adjudication timescales


Published by a UUÂãÁÄÖ±²¥ Construction expert
Practice notes

Adjudication timescales


Published by a UUÂãÁÄÖ±²¥ Construction expert

Practice notes
imgtext

This Practice Note considers the timescales for an adjudication under the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) and the Scheme for Construction Contracts. In particular, it looks at adherence to the timetable, how time periods are calculated and whether tight timescales can give rise to a breach of natural justice.

The HGCRA 1996 provides specific timescales for the service of the Referral Notice and the adjudicator’s decision, but otherwise does not prescribe time periods for other steps in an adjudication. However, the power to set the timetable is within the adjudicator’s discretion, which will include setting a deadline for the Response and any other steps it considers necessary—see Practice Note: The adjudicator's powers, directions and duties.

Adherence to the timetable

The overriding principle of the adjudication process is that speed is given precedence over accuracy—what matters most is a quick decision, not necessarily a wholly accurate one. This principle is based on the recognition that cash flow is paramount during a construction project.

The courts have consistently stressed that if the mandatory timetable is not adhered to, uncertainty

Powered by Lexis+®
Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Scheme for Construction Contracts definition
What does Scheme for Construction Contracts mean?

Introduced by the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996), the Scheme implies certain provisions relating to adjudication and payment into all construction contracts that are subject to the HCGRA 1996 but which do not comply with its requirements.

Read more

Popular documents

Common claims under construction contracts

Common claims under construction contracts The nature of construction projects, construction contracts and the law surrounding them, means that claims are commonly made by one or more parties. This Practice Note highlights the claims that construction practitioners are likely to encounter most

Adjudication—the Referral Notice

Adjudication—the Referral NoticeThis Practice Note explains what a Referral Notice (sometimes referred to simply as a ‘Referral’) is and sets out what it should contain. It also provides practical tips for drafting an effective Referral Notice, and considers when the Referral Notice must be served

Settlement agreement for construction dispute (long form)

Settlement agreement for construction dispute (long form)This Settlement Agreement is made on [insert date] (the ‘Settlement Date’) between the following parties (each a ‘party’ and together the ‘parties’):Parties1[insert name of party A] a company incorporated in [England and Wales] whose company

Dispute boards—what are the advantages and disadvantages?

Dispute boards—what are the advantages and disadvantages?The use of dispute boards can hold considerable benefits in certain circumstances or with certain contract types, but they are not a panacea for all forms of dispute. In this Practice Note we consider the pros and cons of the use of dispute