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Principle of adjudication must remain

Series: Construction News ; (6720) 14 June 2001, 12(2)Publication details: 2001Subject(s): Summary: Studies the Scheme for Construction Contracts para 20(a) which has encouraged many main contractors to declare that virtually everything in their subcontracts is 'final and conclusive', in a bid to sidestep adjudication. This runs counter to the spirit and letter of the Construction Act, which confers on a party the right to refer any dispute under the contract to adjudication. The DETR should amend para 20(a) to prevent this conflict between secondary and primary legislation.

Studies the Scheme for Construction Contracts para 20(a) which has encouraged many main contractors to declare that virtually everything in their subcontracts is 'final and conclusive', in a bid to sidestep adjudication. This runs counter to the spirit and letter of the Construction Act, which confers on a party the right to refer any dispute under the contract to adjudication. The DETR should amend para 20(a) to prevent this conflict between secondary and primary legislation.