Adjudication in Construction Contracts

Overview

The "Housing Grants Construction & Regeneration Act 1996" contains provisions that address two areas affecting Building and Civil Engineering:-

  • Adjudications
  • Payment Provisions

The Act spawned regulations entitled "The Scheme for Construction Contracts (England & Wales) Regulations 1998" and "The Scheme for Construction Contracts (Scotland) Regulations 1998". These apply to all "Construction Contracts" which were formed on or after 1 May 1998. The effects were to give parties to such contracts a right to statutory Adjudication and a requirement to have, in place, an appropriate payment regime.

This Course looks at the terms of the Act and the Schemes and considers how they have operated since they were introduced. It takes a practical approach to the application of this legislation.

Tutorials are a key element of this Course giving Delegates practical experience of this important topic.

Aims & Objectives:

On completion of this Course, delegates should be able to:

  • Prepare a Notice of Adjudication
  • Know what to do on receipt of a Notice of Adjudication
  • Prepare a Referral Notice
  • Respond to a Referral Notice
  • Know how the procedure is likely to proceed
  • Know how to respond to a Decision

Course Outline:

Session 1 - Introduction
Background to the Act. The terms of the Act

Session 2 - The Scheme for Construction Contracts (England & Wales) Regulations 1998
Contents - areas covered

Session 3 - Pre-Contract Considerations
How Adjudicators are appointed. Specifying particular procedures.

Session 4 - The Notice of Adjudication

Session 5 - Exercise 1 - Writing a Notice of Adjudication

Session 6 - The Referral Notice
The function of the Referral Notice. How the Responding Party should deal with the Referral.

Session 7 - The Procedure
The options for the Adjudicator

Session 8 - The Decision
Areas covered. Publication and implementation. Legal appeals

Session 9 - Payment Provisions
How the payment provisions operate

Session 10 - Exercise 2 - Writing a Referral Notice/Various aspects of adjudication

Session 11 - Review and Discussion

 

This course includes group tutorials designed to give Delegates useful, practical experience in key aspects of Adjudication. Following the tutorials there a discussions with all attendees. The tutor will, thereafter, provide specimen answers for individual tutorials with a copy given to each delegate.

Intended For:

This Course is intended for all staff involved in the preparation, supervision or execution of construction contracts.