As Peter Long and Paul Smith have pointed out ("The Construction Act and PFI/PPP - Have your say") the DETR is currently consulting on the need to amend the adjudication system established by the Housing Grants, Construction and Regeneration Act 1996 ("the Act").
The DETR position appears to be that the Act and the Scheme have worked well so far. They have provided cheap and speedy dispute resolution and there is no need for far-reaching changes. Where improvement is needed, the best option is to improve the training of all those involved with adjudication.
If you have been involved with adjudication you may not agree. Alternatively, you may have your own ideas as to how the industry can make better use of adjudication in its current format. We are keen to hear your views.
In addition to the impact of the Act and its associated Exclusion Order, CMS Cameron McKenna will be responding to the DETR on a number of issues raised by the CIB review. These will include:
- Ambush by paper Should the Adjudicator be deprived of the right to consider any "relevant information" submitted to him?
- A right to reply Does the recipient of a Notice of Adjudication need a specific rule allowing him to respond?
- Reasons Do parties need to be told that a request for reasons should be submitted before the decision is reached?
- Final and conclusive Does paragraph 20 of the Scheme allow some disputes to be kept from the Adjudicator without justification?
- A slip up Does there need to be an express power to correct mistakes in a decision? If so, what type of mistake should be corrected and how?
- Costs Should the Act and Scheme be amended so as to prevent one party being forced to pay the other's costs?
- One Scheme fits all Should the Scheme apply to all construction contract disputes?
If you have any comments on the operation of the Act or Scheme, or on how to make them better we look forward to hearing from you.
Please reply by e-mail to Kate Tye kate.tye@cms-cmck.com by close of business on Wednesday 13 June 2001.
If you would like any further information please contact Kate Tye on +44 (0)20 7367 3506 or by using the e-mail address above.
