Part 8

Construction contracts

Adjudication costs
141
In the Housing Grants, Construction and Regeneration Act 1996, after section 108 insert—

Adjudication costs: effectiveness of provision
108A
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.
S. 141 in force at 1.10.2011 for specified purposes for E.W. by S.I. 2011/1582, art. 2
S. 141 in force at 1.10.2011 for specified purposes for E.W. by S.I. 2011/1597, arts. 2, 3(b)
S. 141 in force at 1.11.2011 for S. by S.S.I. 2011/291, art. 2