| 1 | Adjudication toolkit A guide to PLC Construction's adjudication materials, providing a sequential view of key materials to help any practitioner get to grips with PLC's adjudication resources. | Practice note: overview | Maintained |
| 2 | Adjudication: a quick guide Adjudication is a compulsory dispute resolution mechanism that applies to the construction industry in the UK. This note explains what adjudication is, what types of construction disputes it is appropriate for and gives guidance on what to do if you receive a notice of adjudication. This is one of a series of quick guides, see Quick guides. | Practice note: overview | Maintained |
| 3 | Adjudication: a quick guide to challenging the enforcement of ... A quick guide to challenging the enforcement of an adjudicator's decision ordering the payment of a sum of money. The note explains the steps a party can take to resist enforcement of the adjudicator's decision, including reserving its position on jurisdiction. It also explains how to challenge an adjudicator's decision, including for a breach of natural justice. This is one of a series of quick guides, see Quick guides. | Practice note: overview | Maintained |
| 4 | Adjudication: a quick guide to enforcing an adjudicator's ... A quick guide to enforcing an adjudicator's decision ordering the payment of a sum of money. The note explains how to enforce an adjudicator's decision in the Technology and Construction Court (TCC) under CPR Part 7, using summary judgment (CPR Part 24). This is one of a series of quick guides, see Quick guides. | Practice note: overview | Maintained |
| 5 | Adjudication: a quick guide to responding to a referral notice A quick guide for a party to a construction dispute who is served with a referral notice, refering the dispute to adjudication. The note explains what a party should do when it receives a referral notice, including challenging the adjudicator's jurisdiction. This is one of a series of quick guides, see Quick guides. | Practice note: overview | Maintained |
| 6 | Adjudication: a quick guide to starting an adjudication A quick guide to starting an adjudication to determine a construction dispute. The note explains what a party should check before it serves a notice of adjudication, including the contract's adjudication rules and selecting and appointing an adjudicator. This is one of a series of quick guides, see Quick guides. | Practice note: overview | Maintained |
| 7 | Adjudication: an introduction to adjudication This note provides an outline of the adjudication process, including its statutory framework under the Housing Grants, Construction and Regeneration Act 1996 (Construction Act 1996) and the Scheme for Construction Contracts (England and Wales) Regulations 1998 (SI 1998/649) (Scheme for Construction Contracts 1998). | Practice note: overview | Maintained |
| 8 | Construction Act 1996 changes toolkit PLC Construction publishes a series of materials on payment, adjudication and suspension under a construction contract, highlighting and explaining the changes to Part II of the Housing Grants, Construction and Regeneration Act 1996 (Construction Act 1996), introduced by Part 8 of the Local Democracy, Economic Development and Construction Act 2009 (LDEDC Act 2009). This toolkit guides users through key new and existing resources. | Practice note: overview | Maintained |
| 9 | Construction projects: the legal structure: a quick guide A quick guide to the legal aspects of a construction or engineering project, useful for first-time employers or users of construction services, who have not built a project before. The note covers a number of issues, including the parties to the contract, procurement, insurance and regulation. It also sets out some of things that can go wrong with a project, like defects or delayed completion. This is one of a series of quick guides, see Quick guides. | Practice note: overview | Maintained |
| 10 | Do I have a "construction contract"? This note will guide you through the complex case law on what is a construction contract. It will help you determine whether your contract falls under the provisions of Part II of the Housing Grants, Construction and Regeneration Act 1996 (Construction Act 1996) or under that Act, as amended by Part 8 of the Local Democracy, Economic Development and Construction Act 2009 (LDEDC Act 2009). It will also help you to understand whether the statutory adjudication, payment or suspension provisions of the Construction Act 1996 apply to a contract, or whether the contract is excluded under the Act or one of the Exclusion Orders. | Practice note: overview | Maintained |
| 11 | Overview of ADR processes and comparisons with litigation An overview and comparison of the various alternative dispute resolution mechanisms | Practice note: overview | Maintained |
| 12 | TCC Guide: What changed on 1 October 2010? This note provides an overview of the changes included in the second revision to the second edition of the Technology and Construction Court (TCC) Guide, with effect from 1 October 2010. The note looks at changes to starting a claim (including electronic working), transferring a claim to the TCC, case management, hearings and applications, evidence (including electronic service of documents), preparing and attending trial, and the court's approach to ADR. | Practice note: overview | 01-Sep-2010 |
| 13 | Adjudication using the Scheme for Construction Contracts ... A note on the statutory adjudication rules for construction contracts in England, Wales and Scotland under Part I of the Scheme for Construction Contracts (England and Wales) Regulations 1998 (SI 1998/649) (Scheme for Construction Contracts 1998) and the Scheme for Construction Contracts (Scotland) Regulations (SI 1998/687). The note also looks at the Schemes, as amended by the: Scheme for Construction Contracts (England and Wales) Regulations 1998 (Amendment) (England) Regulations 2011 (SI 2011/2333) (Scheme for Construction Contracts (England) Regulations 2011) in England. Scheme for Construction Contracts (England and Wales) Regulations 1998 (Amendment) (Wales) Regulations 2011 (SI 2011/1715) (Scheme for Construction Contracts (Wales) Regulations 2011) in Wales. Scheme for Construction Contracts (Scotland) Amendment Regulations 2011 (SSI 2011/371) (Scheme for Construction Contracts (Scotland) Regulations 2011) in Scotland. | Practice notes | Maintained |
| 14 | Adjudication: an adjudicator's decision This note covers the nature and content of an adjudicator's decision. It includes issues relating to the scope of the adjudicator's role, the timing of the decision, allocating costs, liability for the adjudicator's fees, awarding interest and correcting errors under the slip rule. | Practice notes | Maintained |
| 15 | Adjudication: challenging enforcement of the adjudicator's ... This note details the key points to bear in mind when challenging the enforcement of an adjudicator's decision. It refers to challenges for breach of the rules of natural justice, an adjudicator's failure to give reasons and applications for a stay of execution in a variety of situations, including liquidation, administration and fraud. The note also looks at a number of examples of unsuccessful challenges to enforcement. | Practice notes | Maintained |
| 16 | Adjudication: drafting and serving the notice of adjudication A note setting out the key issues for the referring party when drafting the notice of adjudication, including the meaning of "at any time" and "dispute", what to include in the notice, how to serve the notice and the timetable of the adjudication. | Practice notes | Maintained |
| 17 | Adjudication: drafting and serving the referral notice A note explaining the key issues for the referring party when drafting the referral notice, including the timetable for service, drafting tips and information on including evidence and authorities in support of the referral notice. | Practice notes | Maintained |
| 18 | Adjudication: duty of natural justice A note detailing the continuing development of the duty of natural justice in adjudication (that is, that every party has the right to a fair hearing and the right to be heard by an impartial tribunal), from AMEC Capital Projects Ltd v Whitefriars City Estates Ltd [2004] EWHC 393 (TCC), to Cantillon Ltd v Urvasco Ltd [2008] EWHC 282 (TCC) and beyond. The note also explains that breaches of natural justice by the adjudicator may include bias, a failure to act impartially or procedural irregularity. | Practice notes | Maintained |
| 19 | Adjudication: enforcing the adjudicator's decision This note provides a step-by-step guide to making an application to enforce an adjudicator's decision in the Technology and Construction Court (TCC). The note explains how to make a CPR Part 7 and Part 24 (summary judgment) application, including preparing for and attending the hearing. | Practice notes | Maintained |
| 20 | Adjudication: has my dispute crystallised? There is no statutory right to adjudicate unless there is a dispute arising under a construction contract. This note will help you determine whether your dispute has crystallised. In order to do that, the note explains that there must be a dispute and that a claim must have been made. | Practice notes | Maintained |
| 21 | Adjudication: jurisdiction of the adjudicator This note considers an adjudicator's conduct of the adjudication process and, in particular, his jurisdiction. It explains the grounds and procedure for challenging jurisdiction and explains a party's options, once the challenge has been made. This note should be read in conjunction with Practice note, Adjudication: reserving your jurisdiction rights, which explains how and when a party should reserve its position on jurisdiction. | Practice notes | Maintained |
| 22 | Adjudication: Part 8 claims and other adjudication business This note explains the Technology and Construction Court's (TCC) power to deal with "other adjudication business" and grant declaratory relief under CPR Parts 7 and 8, and how that application may be made before, during and after the adjudication. It also discusses injunction applications in adjudication proceedings. | Practice notes | Maintained |
| 23 | Adjudication: parties' best practice Risk is inherent in the adjudication process. This note considers best practice from the parties' perspective, providing advice on how risk can be minimised, which increases the parties' chances of achieving a desired outcome. | Practice notes | Maintained |
| 24 | Adjudication: pros and cons of adjudication This note will help you decide whether to refer a dispute to adjudication or whether it would be more advantageous to pursue the claim in litigation or arbitration. | Practice notes | Maintained |
| 25 | Adjudication: reserving your jurisdiction rights This note explains the importance for the responding party of raising jurisdiction objections in adjudication at the time of the adjudicator's appointment, or as soon as the matter giving rise to the challenge becomes known. It sets out the differences between a general and specific reservation of rights and discusses whether a party should give the adjudicator jurisdiction to decide his own jurisdiction. This note should be read in conjunction with Practice note, Adjudication: jurisdiction of the adjudicator. | Practice notes | Maintained |
| 26 | Adjudication: responding to the referral notice This note will guide you through the process of drafting an effective response to the referral notice, including whether to plead a positive or negative case, what to do with evidence and authorities in support of the response, dealing with cross-claims and counterclaims, and service of the response. It also explains when it may be appropriate for the referring party to serve a reply. | Practice notes | Maintained |
| 27 | Adjudication: section 108 and adjudication procedures An outline of the adjudication requirements of section 108 of the Housing Grants, Construction and Regeneration Act (Construction Act 1996) and adjudication procedure rules, including the Scheme for Construction Contracts 1998, JCT, ICE, CIC and TeCSA rules. | Practice notes | Maintained |
| 28 | Adjudication: selecting and appointing an adjudicator This note details the procedure for selecting and appointing an adjudicator, whether the adjudicator is named in the contract or through an adjudicator nominating body (ANB). It highlights that the application for nomination must be made after the notice of adjudication. The note explains the requirements of section 108(2) of the Housing Grants, Construction and Regeneration Act 1996 (Construction Act 1996) and Part I of the Scheme for Construction Contracts (England and Wales) Regulations 1998 (SI 1998/649) (Scheme for Construction Contracts 1998). The note also looks at liability for the adjudicator's fees, including the reasonableness of the fee and what happens if the decision is not enforced. | Practice notes | Maintained |
| 29 | Adjudication: severability of adjudicators' decisions A note considering whether, during enforcement proceedings, an adjudicator's decision can be severed so that part of the decision may be enforced by the TCC. The note discusses the development of the concept of severability, including looking at the judgments in Cantillon Ltd v Urvasco Ltd [2008] EWHC 282 (TCC), Geoffrey Osborne Ltd v Atkins Rail Ltd [2009] EWHC 2425 (TCC), Bovis Lend Lease Ltd v The Trustees of the London Clinic Ltd [2009] EWHC 69 (TCC) and Working Environments Ltd v Greencoat Construction Ltd [2012] EWHC 1039 (TCC). | Practice notes | Maintained |
| 30 | Adjudication: staying arbitration or court proceedings for ... This note considers situations where a court will stay legal or arbitration proceedings so that a party can pursue adjudication. It distinguishes between mandatory and discretionary contractual requirements to adjudicate and refers to section 9 of the Arbitration Act 1996. For information on applying to stay the enforcement of an adjudicator's decision, see Practice note, Challenging the adjudicator's decision. | Practice notes | Maintained |
| 31 | Adjudication: when the adjudicator calls an oral hearing This note provides background on hearings with the adjudicator and the issues to consider if the adjudicator calls an oral hearing, including the purpose of any meeting, the costs and preparation. | Practice notes | Maintained |
| 32 | Amendments under the LDEDC Act 2009 to the Construction ... This note provides links to a mark-up and consolidated legislation showing how Part II of the Housing Grants, Construction and Regeneration Act 1996 (Construction Act 1996) was amended by Part 8 of the Local Democracy, Economic Development and Construction Act 2009 (LDEDC Act 2009). It also includes a link to a mark-up of the Scheme for Construction Contracts (England and Wales) Regulations 1998 (SI 1998/649) (Scheme for Construction Contracts 1998), as amended. | Practice notes | Maintained |
| 33 | Claiming interest in construction disputes This note looks at the right to claim interest in construction disputes in adjudication, arbitration and litigation. It considers the right at common law, under the terms of a contract or as an implied term under the Late Payment of Commercial Debts (Interest) Act 1998. The note also looks at interest claims in common construction disputes, such as claims for loss and expense, delay and disruption, and defects. | Practice notes | Maintained |
| 34 | LDEDC Act 2009: adjudication A note explaining the effect the Local Democracy, Economic Development and Construction Act 2009 (LDEDC Act 2009) had on adjudication under construction contracts. The note refers to a number of changes, including the removal of the in writing requirement, a new statutory slip rule and liability for the costs of the adjudication. This note is no longer maintained. For more information on adjudication, see the Adjudication toolkit. | Practice notes | 01-Oct-2011 |
| 35 | LDEDC Act 2009: FAQs on adjudication A note setting out frequently asked questions (FAQs) on adjudication after Part II of the Housing Grants, Construction and Regeneration Act 1996 (Construction Act 1996), was amended by Part 8 of the Local Democracy, Economic Development and Construction Act 2009 (LDEDC Act 2009). The FAQs refer to the removal of the in writing requirement, the statutory slip rule, section 108 requirements and liability for the costs of the adjudication. | Practice notes | Maintained |
| 36 | LDEDC Act 2009: FAQs on payment A note setting out frequently asked questions (FAQs) on payment in construction contracts after Part II of the Housing Grants, Construction and Regeneration Act 1996 (Construction Act 1996), was amended by Part 8 of the Local Democracy, Economic Development and Construction Act 2009 (LDEDC Act 2009). The FAQs refer to the changes to payment and withholding notices (including default payment notices and pay less notices), the right to suspend for non-payment and pay-when-certified clauses. | Practice notes | Maintained |
| 37 | LDEDC Act 2009: payment A note explaining the effect the Local Democracy, Economic Development and Construction Act 2009(LDEDC Act 2009) had on payment under construction contracts. The note refers to the changes to payment and withholding notices, the right to suspend for non-payment and pay-when-certified clauses. This note is no longer maintained. For more information on payment, see Practice notes, Payment in construction contracts: Construction Act 1996 and as amended and Payment in construction contracts: Scheme for Construction Contracts 1998 and as amended. | Practice notes | 01-Oct-2011 |
| 38 | Payment in construction contracts: Construction Act 1996 and ... A note on the statutory payment rules under Part II of the Housing Grants, Construction and Regeneration Act 1996 (Construction Act 1996) and under that Act, as amended by Part 8 of the Local Democracy, Economic Development and Construction Act 2009 (LDEDC Act 2009). The note explains the old payment mechanism, including stage payments, the meaning of adequate payment mechanism and payment and withholding notices. It also describes the new payment mechanism, including default payment notices, pay less notices and the requirement to pay the notified sum. | Practice notes | Maintained |
| 39 | Payment in construction contracts: Scheme for Construction ... A note on the statutory payment rules for construction contracts in England, Wales and Scotland under Part II of the Scheme for Construction Contracts (England and Wales) Regulations 1998 (SI 1998/649) (Scheme for Construction Contracts 1998) and the Scheme for Construction Contracts (Scotland) Regulations (SI 1998/687) (Scheme for Construction Contracts (Scotland) 1998). The note also looks at the Schemes, as amended by the: Scheme for Construction Contracts (England and Wales) Regulations 1998 (Amendment) (England) Regulations 2011 (SI 2011/2333) (Scheme for Construction Contracts (England) Regulations 2011) in England. Scheme for Construction Contracts (England and Wales) Regulations 1998 (Amendment) (Wales) Regulations 2011 (SI 2011/1715) (Scheme for Construction Contracts (Wales) Regulations 2011) in Wales. Scheme for Construction Contracts (Scotland) Amendment Regulations 2011 (SSI 2011/ 371) (Scheme for Construction Contracts (Scotland) Regulations 2011) in Scotland. | Practice notes | Maintained |
| 40 | Scheme for Construction Contracts 1998: What changes does ... A note on the changes to the Scheme for Construction Contracts (England and Wales) Regulations 1998 (SI 1998/649) (Scheme for Construction Contracts 1998), as a result of Part 8 of the Local Democracy, Economic Development and Construction Act 2009 (LDEDC Act 2009). These include changes to adjudication costs, a statutory slip rule and payment notices. In addition, the note: Includes a mark-up showing the effect of the changes on the Scheme. Explains the changes included in the Scheme for Construction Contracts (England and Wales) Regulations 1998 (Amendment) (England) Regulations 2011 (SI 2011/2333) (Scheme for Construction Contracts (England) Regulations 2011), which brought the changes to the Scheme for Construction Contracts 1998 into effect in England on 1 October 2011. This note is no longer maintained. For more information, see Practice note, Adjudication using the Scheme for Construction Contracts 1998 and as amended. | Practice notes | 01-Oct-2011 |
| 41 | Scott Schedules A note explaining what a Scott Schedule is, when to use one and how to prepare it. The note also refers to the common types of construction claim where a Scott Schedule may be used, including a claim for defects, loss and expense, delay and variations. | Practice notes | Maintained |