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Adjudication definition

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What does Adjudication mean?

A method of dispute resolution devised, originally, for use in the construction industry

The principles of adjudication are established in the Housing, Grants, Construction and Regeneration Act 1996 as a form of dispute resolution which will be applied to construction and engineering disputes which fulfil certain minimum statutory criteria. The process is a fast track procedure with limited right of redress although ultimately any adjudicated matter can be heard through the courts.

Construction

A method of dispute resolution devised, originally, for use in the construction industry

The principles of adjudication are established in the Housing, Grants, Construction and Regeneration Act 1996 as a form of dispute resolution which will be applied to construction and engineering disputes which fulfil certain minimum statutory criteria. The process is a fast track procedure with limited right of redress although ultimately any adjudicated matter can be heard through the courts.

Adjudication - Legal Definition

View the related checklists about Adjudication

Comparison between assured and short assured tenancies and PRTs—Scotland—checklist

Comparison between assured and short assured tenancies and PRTs—Scotland—checklist This Checklist considers and compares the differences between assured and short assured tenancies in Scotland created between 2 January 1989 until 30 November 2017 pursuant to the Housing (Scotland) Act 1988 (H(S)A 1988) (the ‘1988 Regime’), and private residential tenancies (PRTs) pursuant to the Private Housing (Tenancies) (Scotland) Act 2016 (PH(T)(S)A 2016) in force in Scotland from 1 December 2017 (the ‘2016 Regime’), see Practice Notes: Assured and short assured tenancies—Scotland and Private residential tenancies-Scotland. Subject 1988 Regime 2016 Regime Term Requires a fixed duration in order to satisfy the cardinal elements of a lease.A short assured tenancy requires a term of not less than six months. There is no term. The agreement is open ended. Tenancy Agreement The landlord is required to provide the tenant with a written agreement (see: H(S)A 1988, s 30) together with a Tenant Information Pack (see: Tenant Information Packs (Assured Tenancies) (Scotland) Amendment Order 2016, SSI 2016/334).There are no statutory terms of tenancy. The...

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Completing the JCT 2016 Intermediate Building Contract Particulars—checklist

Completing the JCT 2016 Intermediate Building Contract Particulars—checklist The Agreement, Recitals, Articles and Contract Particulars at the start of a JCT contract set out the project specific details for the particular works to be carried out. It is very important that these are fully completed and that the details are correct to avoid ambiguity and disputes regarding what is required. This Checklist provides practical guidance as to how to complete the details including links to relevant Practice Notes which provide detailed information on the areas covered. It is aimed at those who are relatively new to dealing with JCT contracts. An employer will often arrange for the architect/contract administrator or other consultant to complete the particulars at the start of the contract and will then ask its lawyer to check the contract before the parties execute it. Alternatively, a lawyer may be asked to fill in all of the details but they will need input from the client or its consultants as to the details to be inserted. This Checklist...

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View the related practice notes about Adjudication

What is a construction contract under the HGCRA 1996?

This Practice Note considers when the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) applies. In summary:•the HGCRA 1996 applies to ‘construction contracts’•‘construction contract’ is defined by HGCRA 1996, s 104•a ‘construction contract’ will involve ‘construction operations’ as defined by HGCRA 1996, s 105•a ‘construction contract’ must include certain provisions relating to adjudication and payment•in respect of ‘hybrid’ contracts (ie those relating to both construction operations and other matters), the HGCRA 1996 will only apply in respect of the construction operations•the mandatory provisions do not apply to contracts with residential occupiers•for contracts entered into prior to 1 October 2011, the HGCRA 1996 only applied to contracts which were made in writingSignificance of contract being a construction contractStatutory adjudicationParties only have a mandatory right under HGCRA 1996 to adjudicate if the relevant contract is a 'construction contract' (as defined by HGCRA 1996, s 104).If a contract is a ‘construction contract’, it must contain certain terms relating to the procedure of any such adjudication (HGCRA 1996, ss 108(2) to (4)). Those...

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The right to adjudicate

This Practice Note looks at a party’s entitlement to adjudicate, including how it arises (from a statutory, contractual and/or ad hoc right), when the right may be exercised and whether a dispute has arisen under a construction contract. It also considers assignment, novation and third party rights, the use of multiple adjudications and adjudication where the referring party is in liquidation.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 adjudicationAdjudication in the construction industry is a dispute resolution process which provides a speedy mechanism for parties to resolve...

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Part 26A restructuring plan for SMEs

Part 26A restructuring plan for SMEs IN THE HIGH COURT OF JUSTICE BUSINESS AND PROPERTY COURTS OF ENGLAND AND WALES COMPANIES LIST (CHD) IN THE MATTER OF [insert name of the Company] AND IN THE MATTER OF THE COMPANIES ACT 2006 BETWEEN [insert name of the Company] and THE PLAN CREDITORS [AND MEMBERS] (as defined herein) RESTRUCTURING PLAN (under Part 26A of the Companies Act 2006) DATED [insert date] RECITALS The Company (A) [Insert name of the Company] is a [private] limited company, incorporated in [England and Wales] with company number [insert company number] and office at [insert address] (the Company) Purpose of the Restructuring Plan (B) The purpose of this Restructuring Plan is to affect a compromise and arrangement between: [(i)] the Company and the Plan Creditors; [and (ii) the Company and the Members], in order to eliminate, reduce or prevent, or mitigate the effect of financial difficulties encountered [or likely to be encountered] by the Company that are affecting, or will...

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Short form of consultant’s appointment

Short form of consultant’s appointment This Agreement is made on the [insert date] day of [insert month and year] Parties 1 [Insert Employer name] (Company Registration No. [insert number] whose registered office is at [insert office]) (the 'Employer' which term shall include all permitted assignees or other transferees under this Agreement); and 2 [Insert Consultant name] (Company Registration No. [insert number] whose registered office is at [insert office]) (the 'Consultant') Whereas (A) The Employer has entered into or proposes to enter into a contract with [insert name of contractor] of [insert contractor's address] for the [design and] construction of a [insert brief description of the project] (the ‘Project’) at [insert location of site] (the 'Building Contract'). (B) The Employer wishes to appoint the Consultant to perform the services set out in Schedule 1 (the 'Services') in accordance with the Agreement It is hereby agreed as follows 1 Definitions and Interpretation 1.1 In this Agreement the following expressions shall have the following meanings: [Beneficiaries • any and all...

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Where a cash dividend is declared by a UK company and it’s agreed to be satisfied by the transfer of shares in another UK company (and the book value of the shares is under £1,000 (but not nil)), what do you insert into the ‘consideration’ box in the stock transfer form?

Where a cash dividend is declared by a UK company and it’s agreed to be satisfied by the transfer of shares in another UK company (and the book value of the shares is under £1,000 (but not nil)), what do you insert into the ‘consideration’ box in the stock transfer form? What information on consideration does the stamp duty legislation require the instrument of transfer to include? Section 5 of the Stamp Act 1891 (SA 1891) requires ‘[a]ll the facts and circumstances affecting the liability of any instrument to duty, or the amount of the duty with which any instrument is chargeable’ to be ‘fully and truly set forth in the instrument’. Where UK shares are transferred, the instrument of transfer is a stock transfer form. Consequently, the consideration box of the stock transfer form must fully and truly set out the consideration. Depending on the circumstances, this may only require an amount to be inserted into the consideration box. In more complex circumstances, this may include an amount along...

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When I have requested HMRC’s Stamp Office to adjudicate and stamp the enclosed stock transfer forms, is it usual for HMRC only to impress a monetary stamp on the stock transfer forms and not to include an adjudication stamp?

When I have requested HMRC’s Stamp Office to adjudicate and stamp the enclosed stock transfer forms, is it usual for HMRC only to impress a monetary stamp on the stock transfer forms and not to include an adjudication stamp? When HMRC receives a letter requesting a stock transfer form to be adjudicated and stamped, HMRC should impress both a duty stamp (ie one expressing the value of the duty due in respect of the stock transfer form) and a second stamp that states: ‘Adjudged duly stamped’. For the types of different stamps, see HMRC guidance at: STSM022050. However, despite a written request for adjudication of the amount of stamp duty due, HMRC normally does not adjudicate (nor impress the 'adjudged duly stamped' stamp) on stock transfer forms, instead merely impressing the stock transfer form with a duty stamp (ie the monetary value of the duty). HMRC's own taxpayer-facing guidance, Stamp duty: getting an opinion about a payment or penalty, also makes it clear that HMRC's formal ...

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The Pensions Ombudsman publishes guidance on its Resolution Team

The Pensions Ombudsman (TPO) has published guidance on its Resolution team explaining what it is, how it operates and options the parties to a complaint have, including what happens if a complaint progresses to the Adjudication Team.

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India—Delhi High Court rules on appointment of arbitrator by a High Court in an international commercial arbitration (Hala Kamel Zabal v Arya Trading Ltd and others)

Arbitration analysis: the Delhi High Court (Delhi HC) has held that the appointment of an arbitrator in an international commercial arbitration (ICA) by a High Court (instead of the Supreme Court) does not vitiate the arbitral award if the appointment was in accordance with the arbitration agreement. The Delhi HC explained that an arbitral award can be set aside under the (Indian) Arbitration and Conciliation Act, 1996 (A&C Act) if the composition of the arbitral tribunal was (a) not in accordance with the arbitration agreement, and (b) the arbitration agreement was in conflict with a non-derogable provision of the A&C Act. The Delhi HC noted that Section 11(6) of the A&C Act, which requires the Supreme Court to appoint an arbitrator in an ICA, is a derogable provision. Hence, non-compliance with the procedure for appointment under Section 11(6) does not constitute a ground for setting aside the award. Written by Adimesh Lochan (member) and Vyapak Desai (head) of the International Dispute Resolution and Investigations Practice at Nishith Desai Associates.

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