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ARTICLE · 26 NOVEMBER 1997

Adjudication Under The Housing Grants Construction And Regeneration Act

Norton Rose Fulbright
Norton Rose Fulbright
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United KingdomAccounting and Audit
Christopher Hill, Norton Rose, November 1997

The Housing Grants Construction And Regeneration Act ("the Construction Act") essentially does three things:

  • it gives the right to refer disputes under a Construction Contract (as defined) to adjudication;
  • it gives the right to payment by instalments and a right to suspend work if payment is not received; and
  • "pay when paid" clauses are ineffective.

This paper discusses the new right to adjudication.

Adjudication

The inspiration for the legislation was the Latham Report and the centre piece of Sir Michael Latham's ideas for ridding the construction industry of its litigiousness was adjudication of disputes by someone independent of the Contract Administrator.

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