Residential occupier tests

Under section 106 of the Construction Act 1996, parties to a construction contract have a right to refer a dispute to adjudication. However, this right does not exist in the case of a ‘residential occupier’. The recent case of Westfields Construction Ltd v Lewis [2013] EWHC 376 (TCC) is valuable in that the High Court has set out the key parameters of the so-called ‘residential occupier test’ and should thus operate as useful guidance to parties unsure of whether a current or potential dispute is suitable for adjudication.

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