ABSTRACT
The Adjudicator should be a person with experience in the type of work included in the contract between the Parties and who occupies or has occupied a senior position dealing with disputes. A dispute under a subcontract, which is also a dispute under the Engineering and Construction Contract be referred to the Adjudicator at the same time, and the Adjudicator can decide the two disputes together. All communications between a party and the Adjudicator must be communicated to the other party at the same time. The Adjudicator decides the dispute and notifies the parties and the Project Manager within four weeks of the end of the period for providing information. The NEC3 Engineering and Construction Contract contains two dispute resolution procedures: Option W1 and W2. Option W1 is used unless the Housing Grants, Construction and Regeneration Act 1996 applies and Option W2 is used when the Housing Grants, Construction and Regeneration Act 1996 applies.
