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The Adjudication Provisions of the Construction Act 2009

Paper number
D111

Claire Packman

July 2010

A paper presented to a meeting of the Society of Construction Law in Manchester on 30th November 2009

Claire Packman looks at the provisions of the Local Democracy, Economic Development and Construction Act 2009, amending the Housing Grants, Construction and Regeneration Act 1996, concerning adjudication. In particular, she considers in some detail the removal of the requirement that the contract be in writing for it to be a 'construction contract' within the meaning of the Act, and subject to its provisions. She considers the problems with the old law and what the effect of removing the need for writing might be. She explains the other changes - costs and the slip rule - and the amendments to the Scheme necessary before the Act comes into force.

The changes to the HGCRA - The removal of the requirement for writing - The problem with section 107 - Concerns about removing the requirement for writing - Timetable - Procedure - Parties' submissions - Assessing evidence - Hearings - Generally - Costs - Does any requirement for writing remain? - The slip rule - The costs of adjudication - When will it come into effect? - The Scheme - Conclusion.

The Author: Clarie Packman is a barrister practising in London.

Text 13 pages