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’…

Click on the link below to read the rest of the Gateley briefing.

Sign in or Register to continue reading this article

Sign in


It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer


Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.


Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.


Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from Gateley Plc

  • Abolition of DC short service refunds

    With effect from 1 October 2015, the right to take a short service refund from a defined contribution occupational scheme will be abolished. 

  • Enhanced protection for defendants?

    Being sued is bad, but it’s worse if you are running up substantial costs in defending a claim while in fear that the claimant may not have the means to compensate you if you win.

View more briefings from Gateley Plc

Analysis from The Lawyer

View more analysis from The Lawyer


111 Edmund Street
B3 2HJ

Turnover (£m): 71.70
No. of lawyers: 406