Adjudication under the Housing Grants, Construction and Regeneration Act 1996 has become the predominant means of resolving disputes in the construction industry. Correspondingly, it has become an important part of the practice of construction solicitors.
TeCSA provides a service to its members and their clients for adjudication in many ways:
It has its own Adjudication Rules (version 2) that can be used in place of the adjudication rules in the Government Scheme for Construction Contracts. Please note all applications for nomination of an adjudicator should be sent to the current Chairman of TeCSA - Simon Baylis at c/o Wragge & Co LLP, 55 Colmore Row, Birmingham B3 2AS Fax number: (0) 870 904 1099.
The previous version of the Adjudication Rules, which may be relevant to current contracts, are available - version 1.3 is here and version 1.2 is here.
It can act as adjudicator nominating body to appoint an adjudicator. The form for the Nomination of an Adjudicator is found here which sets out the procedure to be followed where you wish TeCSA to act as adjudicator nominating body.
It maintains a list of adjudicators trained and experienced in resolving disputes referred to adjudication under the Housing Grants Act.
It has its own suggested form for giving notice of intention to refer a dispute to adjudication.
Other useful links on adjudication
Mission Statement
TeCSA is an adjudicator nominating body. We shall continue to make nominations from our list of adjudicators and intend to consult members and panel adjudicators as to how the service may be improved and how TeCSA may assist with training.
The adjudication committee has been and will continue to be actively involved in the Government review of Part II of the HGCR Act 1996, in particular the second stage of consultation on proposed amendments to the current legislation due to be published this year. The TeCSA adjudication rules will be reviewed as necessary in the light of any eventual changes to the legislation and/or Scheme for Construction Contracts.
We will continue to represent TeCSA on the Construction Umbrella Bodies adjudication training and standards sub-group, including liaising with other adjudicator nominating bodies on questions of selection, appointment and training of adjudicators.
TeCSA's Adjudication Case Digest and List of Adjudication Cases will be updated on a quarterly basis.
Recent Developments/News:
TeCSA has been highly active in the review of the Housing Grants, Construction and Regeneration Act 1996 which was prompted by the Chancellor's announcement in his budget speech in March 2004 that the Government would be re-examining the adjudication and payment provisions contained in the Act. Further information about the process and TeCSA's role in it is available here.
Please find TeCSA's response to BERR Consultation on Draft Construction Act below:
For further information regarding TeCSA's adjudication services, please contact
Suzanne Reeves: sreeves@wedlakebell.com or Simon Baylis: http://www.tecsa.org.uk/mail:simon_baylis@wragge.com