ARTICLE · 18 JULY 2011

Construction Bites: Application Of The Scheme In A Construction Contract

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The Housing Grants Construction and Regeneration Act (HGCRA) sets out certain principles that any contractual adjudication provisions must comply with. What happens if any or all of those principles are breached?

United KingdomReal Estate and Construction

Richard Farndale

The Housing Grants Construction and Regeneration Act (HGCRA) sets out certain principles that any contractual adjudication provisions must comply with. What happens if any or all of those principles are breached?

This is the question that was considered in the recent Outer House decision of Profile Projects Limited v Elmwood (Glasgow) Limited 2011.

Profile Decision

In this case, the contract specified a nominating body to select the adjudicator to determine any dispute between the parties. A dispute arose and an adjudicator nominated at the request of Profile was appointed. However, the adjudicator was not nominated by the body specified in the contract. The adjudication proceeded and an award was made in favour of Profile.

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