Julian Glover

The recent proposals from the DTI to amend the Housing Grants, Construction and Regeneration Act contain an amendment to outlaw the practice (affirmed by the Bridgeway v Tolent case) whereby one party inserted into the contract arrangements a clause making the party which referred a dispute to adjudication responsible for the other party’s costs incurred during that adjudication. This proviso stood regardless of who won or lost the adjudication.