General & Contracts

Question 1

What options of ADR are there in JCT contract?

Answer 1

Mediation
Adjudication
Arbitration/Litigation

Question 2

What options in NEC contracts should be used for ADR

Answer 2

Option W2 as we are within the UK, the HGCA 1996

Question 3

What changed in dispute resolution between NEC3 and 4

Answer 3

Now 3 options for Dispute resolution not 2.

option W3 is where HGCA doesnt apply again but you can go to disputes avoidance board instead of adjudication.

Question 4

Can you remove adjudication from a contract?

Answer 4

There would be no point because under the Act, parties have a right to adjudication

Question 5

What is a slip rule?

Answer 5

If an adjudicator makes a mistake, they can correct it after a decision is made

Question 6

What do you understand to be the difference between an arbitrator and an independent expert?

Answer 6

An arbitration is a legal proceeding and the arbitrator reaches a decision on the basis of evidence

An independent expert’s decision is not enforceable directly by the courts and they are not liable for negligence.

Question 7

Can you tell me more about JCT adjudication?

Answer 7

Section 9 deals with dispute resolution. If either party wants to raise an adjudication, the scheme shall apply subject to:

the adjudicator shall be the person nominated in the contract particulars
the adjudicator has expert knowledge and experience and if not must appoint an expert witness