Energy from waste sites: can you adjudicate?
Power generation sites have long created an issue for adjudications. Section 105(2)(c) of the Housing Grants Construction and Regeneration Act 1996 (the ‘Construction Act’) provides a partial exclusion from its terms, including the right to adjudicate, where a site’s primary activity is power generation. Many sites, however, do more than just generate power. How do you work out a site’s primary activity?