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Section 108A Adjudication costs: effectiveness of provisionF1

England, Wales and Scotland

(1)

This section applies in relation to any contractual provision made between the parties to a construction contract which concerns the allocation as between those parties of costs relating to the adjudication of a dispute arising under the construction contract.

(2)

The contractual provision referred to in subsection (1) is ineffective unless—

(a)

it is made in writing, is contained in the construction contract and confers power on the adjudicator to allocate his fees and expenses as between the parties, or

(b)

it is made in writing after the giving of notice of intention to refer the dispute to adjudication.

Annotations

Textual amendments

F1

S. 108A inserted (1.10.2011 for E.W. for specified purposes, 1.10.2011 for E.W. in so far as not already in force, 1.11.2011 for S.) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), ss. 141, 148(8), 149 (with s. 149(3)(4)); S.I. 2011/1582, art. 2; S.I. 2011/1597, arts. 2, 3; S.S.I. 2011/291, art. 2;

Notes on Part II

Modifications

C1

Pt. 2 excluded (E.W.) (5.5.2023) by The Construction Contracts (Exclusion) (Wales) Order 2023 (S.I. 2023/475), arts. 1(3), 3