4.1 Procedural requirements

4.1 The procedural requirements following the giving of notice of intention to refer a dispute to adjudication, the appointment of an adjudicator and referral of the dispute laid down by Part II of the Housing Grants, Construction and Regeneration Act 1996 are that the adjudicator is to reach a decision within 28 days of referral1 or such longer period as is agreed by the parties after the dispute has been referred; that the adjudicator is allowed to extend the period of 28 days by up to 14 days, with the consent of the party by whom the dispute was referred; that there is a duty on the adjudicator to act impartially; and that the adjudicator is enabled to take the initiative in ascertaining the facts and the law.2 In addition, the Act expressly permits the parties to agree on the manner of service of any notice or other document required or authorized to be served in pursuance of the construction contract or for any of the purposes of Part II.3 If or to the extent that there is no such agreement, mandatory provisions apply as follows.4 A notice or other document may be served on a person by any effective means. If a notice or other document is addressed, pre-paid and delivered by post to the addressee's last known principal residence or, if the addressee is or has been carrying on a trade, profession or business, the addressee's last known principal business address, or, where the addressee is a body corporate, to that body's registered or principal office, it shall be treated as effectively served. This does not apply to the service of documents for the purposes of legal proceedings, for which provision is made by rules of court.5 References in Part II to a notice or other document include any form of communication in writing and references to service should be construed accordingly.6