The Housing Grants, Construction and Regeneration Act 1996 provides: ‘A party to a construction contract has the right to refer a dispute arising under the contract for adjudication …’ (s 108). A statutory right to adjudicate only arises where there is a ‘dispute’. Therefore, before referring a matter to adjudication, it is important to establish that there is, in fact, a dispute – ie the dispute has crystallised.
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