Expert advice in minutes not days. Register it's free and ask your first question now.
ReachBack is a free community help desk for construction professionals run by Built Intelligence. A library of high-quality questions from real users with answers delivered and curated by industry experts.

4,796 questions

5,109 answers


Register its Free

Download here

NEC ECC: Is there a limit on when a Contractor can go to adjudication?

0 votes
Can a Contractor go to adjudication after the Defects Certificate/final account has been issued?
asked Feb 13, 2018 in General by anonymous (2,080 points)  

1 Answer

0 votes
Best answer
The 'Construction Act' provides that a dispute may be referred 'at any time' (s108 (2) (a), so the answer is 'yes'.
answered Feb 13, 2018 by Andrew W-I (14,010 points)  
So is there no limit as to when adjudication can be applied - 5/10 years after project has finished???
There are in fact numerous limitations on when an adjudication can be started. The two most relevant here are the limitation act (6 years for a contract or 12 years for a deed) and post final account where there is a conclusivity provision.

The Construction Act only allows for a "dispute or difference" to be referred to adjudication. If the contract contains a provision making something, usually the final account, conclusive, once it has become conclusive you cannot have a dispute and therefore cannot go to adjudication.
This is generally correct but there are circumstances where "at any time" doesn't quite mean that. See my answer below regarding the Limitation Act and conclusive statements.