Subpart 2—Procedure for initiating adjudication and appointing adjudicator

28 How to initiate adjudication

(1)

Adjudication is initiated by a claimant serving written notice of the claimant’s intention to refer a dispute for adjudication (the notice of adjudication) on—

(a)

the other party or parties to the construction contract; and

(b)

the owner if—

(i)

a determination of an owner’s liability is sought under section 30(a); and

(ii)

an approval for the issue of a charging order is sought under section 30(b).

(2)

The notice of adjudication must state—

(a)

the date of the notice:

(b)

the nature and a brief description of the dispute and of the parties involved:

(c)

details of where and when the dispute arose:

(d)

the relief or remedy that is sought:

(e)

whether approval for the issue of a charging order under section 29 is being sought:

(f)

whether a determination of an owner’s liability under section 30(a) and an approval for the issue of a charging order under section 30(b) are being sought:

(g)

details sufficient to identify the construction contract to which the dispute relates, including—

(i)

the names and addresses of the parties to the contract; and

(ii)

if available, the addresses that the parties have specified for the service of notices.

(3)

A notice of adjudication must also set out prominently, in the prescribed form (if any),—

(a)

a statement of the respondent’s rights and obligations in the adjudication; and

(b)

a brief explanation of the adjudication process.

Section 28(3): inserted, on 1 December 2015, by section 29 of the Construction Contracts Amendment Act 2015 (2015 No 92).