Paragraph 20 Adjudicator’s decisionI1

England and Wales

The adjudicator shall decide the matters in dispute. He may take into account any other matters which the parties to the dispute agree should be within the scope of the adjudication or which are matters under the contract which he considers are necessarily connected with the dispute. In particular, he may—

(a)

open up, revise and review any decision taken or any certificate given by any person referred to in the contract unless the contract states that the decision or certificate is final and conclusive,

(b)

decide that any of the parties to the dispute is liable to make a payment under the contract (whether in sterling or some other currency) and, subject to F1F2section 111(9) of the Act, when that payment is due and the final date for payment,

(c)

having regard to any term of the contract relating to the payment of interest decide the circumstances in which, and the rates at which, and the periods for which simple or compound rates of interest shall be paid.

Annotations

Textual amendments

F1: Word in Sch. Pt. 1 para. 20(b) substituted (W.) (1.10.2011) by The Scheme for Construction Contracts (England and Wales) Regulations 1998 (Amendment) (Wales) Regulations 2011 (S.I. 2011/1715), regs. 1(1), 3(8) (with reg. 1(2)(3))
F2: Words in Sch. Pt. 1 para. 20(b) substituted (E.) (1.10.2011) by The Scheme for Construction Contracts (England and Wales) Regulations 1998 (Amendment) (England) Regulations 2011 (S.I. 2011/2333), regs. 1(1), 3(8) (with reg. 1(2)(3))

Commencement

I1: Sch. Pt. I para. 20 in force at 1.5.1998, see reg. 1(1)