A question of human rights

Article Abstract:

Experts have questioned whether the process of adjudication introduced in the 1996 Construction Act infringes human rights. This question is supported by reference to the right to have a fair trial, which is contained in article 6 of the European Convention on Human Rights. However, a range of factors show that adjudication is not illegal and that adjudication is compatible with article 6. Adjudication is a right under the act, rather than a mandatory requirement, and parties may choose to take the matter to court following the adjudication, which exists as an interim measure.

Evaluation, Column, Construction law, Human rights

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Making adjudication work

Article Abstract:

There are a number of legal issues which relate to adjudication, and it is important to consider these as the UK government issues a consultation document on adjudication under the Construction Act. It is important to bear in mind that adjudication differs from arbitration and expert determination. It is not regulated, and adjudicators must be guided on their role. Adjudication may be attractive to the construction industry because of the ability to enforce an adjudicator's decision in the interim.

Analysis, Administrative procedure

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Will the bill work?

Article Abstract:

The Housing Grants, Construction, and Regeneration Bill includes a section (105) covering the statutory right to adjudication. It is suggested that the bill has failed to address a number of issues including the status of certificates; final and/or interim decisions and enforcement; and immunity of the adjudicator. An overview of Section 105 is provided, along with brief details of its omissions.

Construction industry

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