Adjudication - Frequently Asked Questions

© Daniel Atkinson 2001 24 September 2001

 

A. SCOPE OF THE ACT
  1. Which Types of Contract are affected by the HGCR Act?
  2. Are Contracts Required to be in writing and if so, what does "in writing" mean?
  3. What is a "Construction Contract"?
  4. What is a "Construction Operation"?
  5. If the Main Contract is not a "Construction Contract" are all SubContracts outside the Act?
  6. Are Residential Dwellings Covered by the Act?
  7. If one of the Parties is not UK based, or the law of the contract is not English Law, is the Contract covered by the Act?
  8. What are the Requirements for Notice under the Act?
  9. How are Periods of Time Calculated under the Act?

 

B. PAYMENT UNDER THE ACT
  1. What Payment Terms are Required by the Act?
  2. When can a Party suspend performance if payment is not made in accordance with the Contract?
  3. When can a Party properly Withhold Payment of Sums Due under the Contract?
  4. If a Section 110 Notice is not given in accordance with the Contract, is payment required to be made in full on application?
  5. If application for payment has been made for defective work, is payment to be made in full if Notice of Withholding has not been given?
  6. Can issues of Set-Off or deduction for Defects be raised against the Application for Payment in Subsequent Proceedings if no Notice has been given in accordance with the Contract?
  7. Are Pay when Paid Clauses Enforceable under the Act?

 

COMMENCEMENT OF ADJUDICATION UNDER THE ACT
  1. What Matters can be Referred to Adjudication?
  2. When can Adjudication be commenced?
  3. What are the Key Practical Questions to answer before starting Adjudication?
  4. Can a dispute under a compromise agreement be referred to Adjudication?
  5. If One Party considers that the Adjudicator has no Jurisdiction, what should he do?
  6. Do the Adjudication provisions survive the determination of the Contract?

 

THE PROCEDURE OF ADJUDICATION UNDER THE ACT
  1. How is the Adjudicator appointed?
  2. What is the Procedure for Adjudication?
  3. How should the Adjudicator conduct Proceedings?
  4. What is the cost of Adjudication and what fees can the Adjudicator charge?
  5. Is the Adjudicator's Decision final and binding?
  6. How is the Adjudicator's Decision enforced if the Other Party refuses to comply?
  7. How long does enforcement take?
  8. On what grounds other than jurisdiction can an Adjudicator's decision be resisted?