NEC3 ECC: What is the first contractual step to trigger adjudication?

Within an ECC contract, if you wish to take a matter to adjudication – what is the step process to follow? I see know where that you have to notify the Project Manager in the first instance?

1 Like

Assuming your contract is for a project in England you should have incorporated Secondary Option W2. W2.1(1) says a party refers a dispute at any time. W2.3(1) says that a party gives notice to the other party and then W2.3(2) within 7 days of that notice the party refers the dispute.

There is no requirement to notify the PM, although as a courtesy that is probably sensible, as the PM is not a party to the contract and, technically, has no standing in an adjudication other than as a witness to what has happened.

If you haven’t included W2 for a project in the England then there are statutory requirements which provide basically the same mechanism as above.

1 Like