ABSTRACT

Continuing the problems with definition, this chapter is about a special type of adjudication – construction adjudication – as introduced to the UK construction industry in the 1990s. Construction adjudication was brought about by legislation The Housing Grants, Construction and Regeneration Act 1996 (HGCRA). The legislation followed many government reports over a period of more than 50 years, which concluded that the construction industry, and construction projects, performed badly in terms of quality, cost and time, i.e. they were poor quality, over budget and late. A very influential report (the Latham Report) made extensive recommendations and amongst them was the recommendation that adjudication should be the normal form of dispute resolution. HGCRA effected that in Section 108. Simply put, all construction contracts must provide for adjudication, and if a contract does not, or if the provisions do not comply with Section 108, then the Scheme for Construction Contracts applies.