{"id":1327,"date":"2021-05-31T18:16:34","date_gmt":"2021-05-31T18:16:34","guid":{"rendered":"https:\/\/archor.co.uk\/?p=1327"},"modified":"2021-05-31T18:16:35","modified_gmt":"2021-05-31T18:16:35","slug":"do-i-have-to-adjudicate-my-construction-dispute","status":"publish","type":"post","link":"https:\/\/archor.co.uk\/do-i-have-to-adjudicate-my-construction-dispute\/","title":{"rendered":"Do I have to adjudicate my construction dispute?"},"content":{"rendered":"\n

It depends. (Of course that\u2019s what lawyers would say.)<\/p>\n\n\n\n

Adjudication is a construction industry specific form of dispute resolution. It was introduced by the Housing Grants, Construction and Regeneration Act 1996 (the Construction Act), to those in the know). If you have a construction contract, as defined in the Construction Act, that contract must include a right to refer disputes to adjudication. If it doesn\u2019t, the right will be implied in (and there is no way to avoid that). <\/p>\n\n\n\n

So in one sense, yes, you may have to adjudicate \u2013 if you have a construction contract and the other party refers a dispute to adjudication. Provided they have referred the dispute and got an adjudicator appointed properly (which isn\u2019t always a given, so it\u2019s worth checking), no matter how much you might not like it, you will have to adjudicate. If you refuse to participate in an adjudication, the adjudication may proceed anyway and you may end up with an adverse and enforceable decision against you.<\/p>\n\n\n\n

However, there are two obvious cases where you wouldn\u2019t have to adjudicate:<\/p>\n\n\n\n