TORR FORENSIC Partnership |
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The Housing Grants, Construction and Regeneration Act, 1996, establish the statutory right of any party to a construction contract, commenced on or after 1st May 1998, to refer a dispute arising under the contract to adjudication. The major construction contract forms now incorporate adjudication clauses complying with the Act. If the contract between the parties fails to comply with the Act, in respect of adjudication arrangements, the adjudication process will be governed by procedures set down in the Government Scheme. Adjudication does not apply to a contract with a residential occupier The adjudicator may be agreed by the parties, or may have been named in the contract or may be selected by a nominating body. An adjudicator has to be a natural person, not a partnership, firm or company The adjudicator must act impartially, reach his decision in accordance with the contract and the applicable law, and avoid incurring unnecessary expense. He must reach his decision within 28 days, subject to time extensions agreed by the parties. The adjudicator may take the initiative in ascertaining the facts and the law. His decision is binding until such time as the matter is determined by Arbitration, Litigation, or agreement. James Torr completed a training course organised by the Institution of Civil Engineers and, following oral examination, was admitted to the Institution's Panel of Adjudicators in 1997. He has acted in adjudications under the Government Scheme, the JCT contract and the ICE Adjudication Procedure. He is currently the named adjudicator in several major Civil Engineering contracts. James is a founder member of the Adjudication Society, a not-for-profit Society promoting the resolution of construction disputes by means of adjudication. |