Articles

It is fitting that the introduction of the amendments to statutory adjudication in England, Wales and Scotland should coincide with a changing of the guard amongst this newsletter’s editorial team.

One complaint that arises from time to time is an allegation that an adjudicator has a close relationship with one of the party representatives.

Whilst the amendments to the adjudication provisions of the Housing Grants, Construction and Regeneration Act 1996 are interesting, the changes to the payment provisions will have a more significant impact on the industry – both on contractors as they try to grapple with the various different notices and on lawyers, adjudicators and judges dealing with the inevitable payment disputes that will arise.

The most provocative amendment made by the “new” Construction Act is, of course, the repeal of the Section 107 restriction that previously meant that only contracts “in writing or evidenced in writing” counted as construction contracts.

One of the key changes to Part II of the Housing Grants, Construction and Regeneration Act 1996 (“HGCRA”) is that construction contracts no longer have to be “in writing” to fall within its remit.