Referral of more than one dispute in adjudication — a challenge to orthodoxy?
By Martino Giaquinto
As most readers will know, any party to a construction contract has a statutory right to refer ‘a dispute’ to adjudication by virtue of section 108(1) of the Housing Grants, Construction and Regeneration Act 1996 (as amended).
It has been widely believed for some time that the reference to a party referring ‘a dispute’ to adjudication in s.108 of the act means that only a single dispute can be referred to an adjudicator at any one time under the act.
However, whether the act prevents a party from referring more than one dispute (i.e. disputes) to an adjudicator under a single reference has been considered and doubted in a recent decision of the Technology & Construction Court…
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