The adjudicator's powers, directions and duties

Published by a ³ÉÈËÓ°Òô Construction expert
Practice notes

The adjudicator's powers, directions and duties

Published by a ³ÉÈËÓ°Òô Construction expert

Practice notes
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Produced in association with 4 Pump Court

This Practice Note looks at the powers and duties that an Adjudicator has when acting on an Adjudication, focussing particularly on those under the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) and the Scheme for Construction Contracts.

References below to paragraph numbers in the Scheme for Construction Contracts are to paragraphs within Part I of the Scheme.

Introduction

An adjudicator’s powers and duties are normally defined by the rules under which they are appointed (which are typically set out or incorporated in the relevant contract). Although there may be differences between the various adjudication rules, in most cases, the differences are matters of emphasis rather than being fundamental changes. However, it is always important to review the specific rules to determine (a) the extent of the powers and obligations and (b) confirm that they comply with the HGCRA 1996 (if this applies to the contract—see Practice Note: What is a construction contract under the HGCRA 1996?).

Where the HGCRA 1996 applies, and there are no adjudication rules

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Jurisdiction(s):
United Kingdom
Key definition:
Adjudicator definition
What does Adjudicator mean?

The individual appointed to oversee an adjudication dispute between two parties.

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