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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 written or oral (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, 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 referral.

All Commercial Construction Contracts must comply with the Construction Act, which primarily focus 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 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, if you are new to Adjudication please feel free to print this section for your records. 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 from Arbicon.

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Author: Jonathan Nugent

Managing Director - Arbicon ADR Ltd, Chartered Quantity Surveyor, Construction Adjudicator, Arbitrator, Mediator, Expert Witness/Reports/Determination, Lecturer, Delay and Loss Analyst, Leading Authority on Construction Contracts/Law, Commercial Construction Contract Solutions and Dispute Resolution.