Construction Bites: Adjudicators' Conduct - Limits Of Discretion

Under section 108 (2) of the Housing Grants Construction and Regeneration Act (HGCRA), a construction contract has to allow an adjudicator to take the initiative in ascertaining the facts and the law. Over the years, there have been a number of cases that explore the extent to which an adjudicator can use this power without breaching the rules of natural justice.

This and one other issue of interest was considered in the recent Outer House decision of SGL Carbon Fibres Limited v RBG Limited 2011. That other issue of interest concerns the question as to whether an adjudicator is bound by a previous decision that has been held by the Courts to be unenforceable but has not been formally reduced by way of judicial review proceedings.