Adjudication: a case for change

Article Abstract:

The case of Home Secretary vs Ravichandran could have direct repercussions for cases going to adjudication under the Scheme for Construction Contracts. The only difference between this immigration case and adjudication under the scheme is that this case focused on statutory procedures applicable to a statutory body. Lord Woolf's decision indicates that what happens if the requirements of the scheme's adjudication provisions are not met is determined by the consequences of non-compliance. It must now be considered whether the referring party's omission would have had a negative impact on the other party's ability to present its case to the adjudicator.

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Advice on adjudication

Article Abstract:

It is possible to raise some significant questions about the role of statutory adjudication in the UK construction industry, especially in relation to whether there will be widespread compliance with adjudicators' decisions. Some observers feel that confidence in adjudication will bring compliance with adjudicators' decisions. However, it is important that contracts allow for the fact that without arbitration, courts will have to enforce the adjudicators' decision. So far, there are no rules of court relating to an application to the court for enforcement of adjudicators' decisions.

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More aggro from contracts

Article Abstract:

The blue form, a standard domestic subcontract issued by the UK Civil Engineering Contractors Association, allows the subcontractor to make a submission to the main contractor that any payment, instruction, opinion, decision or direction by the main contractor is not satisfactory. However, it does not give the subcontractor the opportunity to refer disputes to adjudication within the timetable set down in the Construction Act. There are no specific provisions to allow the parties to pre-agree the cost of variations, including the time and cost consequences of variations.

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