Clash points

摘要

I believe in Adjudication. Main contractors were strongly in favour of statutory adjudication being included in the Construction Act and we lobbied as hard as anyone to make sure it was there. I want to make that clear at the outset, because Rudi will undoubtedly regard the argument I am about to make as a root-and-branch attack on the concept. In my view, an adjudication clause that gives the adjudicator the option of ordering the money to be paid to a stakeholder is legal under the Construction Act. David Mosey of Trowers & Hamlins Solicitors explained in Building (8 January, page 64) why he was recommending a stakeholder provision to his clients, and made a very cogent and practical case for doing so. What he did not explore in any detail was whether this type of provision complies with the requirements of section 108 of the act.