Adjudication in Construction Law
Page 173
CHAPTER 5
The decision
The decision
Page 174
5.1 Time limit for decision
5.1 The Housing Grants, Construction and Regeneration Act 1996 provides that a construction contract governed by Part II should require an adjudicator to reach a decision within 28 days of referral or such longer period as is agreed by the parties after the dispute has been referred.1 Referral under section 108(2)(c) takes place upon receipt of the notice by the adjudicator.2 The unamended Scheme requires the adjudicator to reach a decision not later than 28 days after the date of the referral notice or 42 days after the notice if the referring party consents or such a period exceeding 28 days after the notice as the parties may, after the giving of that notice, agree.3 ‘Date of the referral notice’ means the date of receipt of that notice by the adjudicator.4