Right of Reply by the Claimant

For adjudications in respect of construction contracts entered into before 1 December 2015

A claimant who receives a response that contains new or different grounds for opposing the claim and/or new or different evidence to that previously used or referred to by the respondent, should immediately apply to the adjudicator seeking approval to file further submissions under s42(1)(b) and stating the grounds upon which the application is based.

If the adjudicator grants approval to the claimant to file further submissions under this provision of the Act, the adjudicator must also grant the respondent the right to file further submissions in reply.
Parties will usually be given a short period of one to three days each to file further submissions, but obviously the period of time will depend on the issues and the circumstances of the case.

For adjudications in respect of construction contracts entered into or renewed from 1 December 2015

The claimant is entitled to serve a written reply to the respondent’s response to the adjudication claim within five working days of receipt of the response. There is no power under the Act for the adjudicator to extend this time period.

The claimant must serve a copy of the reply and any accompanying documents on every other party to the adjudication either before, or immediately after they are served on the adjudicator.


 

An Authorised Nominating Authority
under section 65 of the Construction Contracts Act 2002