Adjudication Business

Adjudication business

Contents in relation to the Technology and Construction Court

The topics include the following: Introduction, Procedure in Enforcement Proceedings, The Enforcement Hearing, Other Proceedings, Arising Out Of Adjudication

Adjudication business Introduction in relation to the Technology and Construction Court

[rtbs name=”technology-and-construction-court”]The Technology and Construction Court is ordinarily the Technology and Construction Court in which the enforcement of an adjudicator’s decision and any other business connected with adjudication is undertaken. Adjudicators’ decisions predominantly arise out of adjudications which are governed by the mandatory provisions of the Housing Grants, Construction and Regeneration Act 1996 (as amended by the Local Democracy, Economic Development and Construction Act 2009 for contracts entered into on or after 1 October 2011) relating to the carrying out of construction operations in England and Wales (“Housing Grants, Construction and Regeneration Act 1996”). These provisions apply automatically to any construction contract as defined in the legislation. Some Adjudicators’ decisions arise out of standard form contracts which contain adjudication provisions, and others arise from ad hoc agreements to adjudicate. The Technology and Construction Court enforcement procedure is the same for all kinds of adjudication. In addition to enforcement applications, declaratory relief is sometimes sought in the Technology and Construction Court at the outset of or during an adjudication in respect of matters such as the jurisdiction of the adjudicator or the validity of the adjudication. This kind of application is dealt with in Paragraph 9.4 below. The Housing Grants, Construction and Regeneration Act 1996 provides for a mandatory 28-day period within which the entire adjudication process must be completed, unless a) the referring party agrees to an additional 14 days, or b) both parties agree to a longer period. In consequence, the Technology and Construction Court has moulded a rapid procedure for enforcing an adjudication decision that has not been honoured. Other adjudication proceedings are ordinarily subject to similar rapidity.