Citation: [2024] EWHC 269 (TCC)
In proceedings brought by Bellway to enforce an adjudicator’s decision, the Court held that the contractual adjudication provisions did not fall foul of the requirements of the Housing Grants, Construction and Regeneration Act 1996 (“HGCRA”) despite the provisions allowing for: (i) the service of the Referral “as soon as reasonably possible after” the Notice of Adjudication rather than within 7 days, and (ii) the appointment of an adjudicator from Bellway’s panel of adjudicators.
The Court went on to find that even though the adjudicator had been appointed under the Scheme for Construction Contracts (England and Wales) Regulations 1998 (“the Scheme”) instead of the contractual adjudication provisions which Bellway would have been entitled to refer the dispute under, it made no material difference in this case whether the referral was under the Scheme or contractual adjudication provisions and there was therefore no defence to enforcement of the decision.
Brenna Conroy represented Surgo Construction Limited.
