9.1 Introduction

9.1 As has been observed above,1 the origin of adjudication in relation to construction contracts lies in the inclusion in standard forms of construction sub-contracts during the 1970s of provisions for an ‘adjudicator’ to decide disputes between the sub-contractor and the main contractor as to the entitlement to payment pending a final resolution by arbitration. Part II of the Housing Grants, Construction and Regeneration Act 1996 confers on a party to a construction contract the right to refer a dispute arising under the contract for adjudication under a procedure complying with section 108.2 It is only if the contract does not contain in writing the provisions required by section 108 that the adjudication provisions of the Scheme for Construction Contracts apply.3 It therefore remains open to parties to construction contracts covered by Part II to include their own adjudication provisions provided that they are compliant with the statutory requirements.