Adjudication notices — it’s not right but it’s okay
You wouldn’t think that it would be possible to squabble about whether or not an adjudication had been ‘commenced’. However, in a recent case, the parties to a dispute managed to do just that.
The squabble arose out of a clause in the JCT contract that meant that the final certificate would be conclusive unless ‘adjudication, arbitration or other proceedings commenced… not later than 28 days after the final certificate has been issued’. Crucial then was the issue of whether the adjudication proceedings had been ‘commenced’ in time to avoid the conclusive effect of the final certificate.
Did they get the nominating body to appoint the adjudicator right? The short answer is ‘no’…
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