The Adjudication Society and the Chartered Institute of Arbitrators have been working together in order to produce a series of adjudication guidance notes.
The Adjudication Society has recently published four additional Guidance Notes. These are:
- Guidance Note: Construction Contracts and Construction Operations
- Guidance Note: Adjudicator’s Liens
- Guidance Note: Natural Justice
- Guidance Note: The Scheme for Construction Contracts
The first of these sets out the basic principles in relation to the Scheme for Construction Contracts identifying those applicable in England, Wales and also Scotland. Reference is made to the original 1998 Scheme, but also the more recent updates. Adjudicator’s Liens deals briefly with issues in relation to adjudicator’s liens and notes that they are generally note applicable to adjudication. The Natural Justice Guidance Note covers some of the issues in relation to natural justice as it arises in relation to the initial appointment and then during the conduct of the adjudication. Finally, the Guidance Note dealing with Construction Contracts & Construction Operations deals with the complex definition in the Housing Grants, Construction and Regeneration Act 1996 and simply identifies the case law applicable to the particular provisions.
It is hoped that these brief Guidance Notes will provide some guidance to adjudicators, parties and their advisors. The Adjudication Society hopes that over time the notes will continue to be slowly developed in order to take into account not just developments in law and practice but also helpful commentary that arises from the Adjudication Society’s events, conferences and debates.
Nicholas Gould, Past Adjudication Society Chairman, Chairs the Guidance Notes Sub-Committee.