Part 8Construction contracts

I1I2141Adjudication costs

In the Housing Grants, Construction and Regeneration Act 1996, after section 108 insert—

108AAdjudication costs: effectiveness of provision

1

This section applies in relation to any contractual provision made between the parties to a construction contract which concerns the allocation as between those parties of costs relating to the adjudication of a dispute arising under the construction contract.

2

The contractual provision referred to in subsection (1) is ineffective unless—

a

it is made in writing, is contained in the construction contract and confers power on the adjudicator to allocate his fees and expenses as between the parties, or

b

it is made in writing after the giving of notice of intention to refer the dispute to adjudication.