Provisions the documents cite: Schedule Part I paras 1–26 (adjudication) and Part II paras 1–12 (payment)
What it requires
The Scheme's terms are implied into a construction contract so far as the contract does not comply with Part II of the Housing Grants, Construction and Regeneration Act 1996 (s.114(4) of that Act). Part I (adjudication) — the notice of adjudication goes to every other party and sets out briefly the nature and description of the dispute and the parties, where and when it arose, the redress sought and the parties' names and addresses (para 1); the adjudicator is requested and selected (paras 2–6) and the referral notice, with copies of or extracts from the contract and the documents relied on, is served on the adjudicator and every other party not later than seven days from the notice of adjudication (para 7); the decision is reached within 28 days of the referral notice, 42 days if the referring party consents, or a longer period the parties agree (para 19); the parties comply immediately on delivery absent directions (para 21) and the decision binds until final determination (para 23(2)); clerical or typographical errors may be corrected within five days (para 22A). Part II (payment), where the parties have not agreed — an interim payment is the value of work, and of materials where the contract provides for payment for them, from commencement to the end of the relevant period, less sums paid or due (para 2), the relevant period being 28 days where the contract specifies none (para 12); it becomes due on the later of 7 days after the end of the relevant period and the making of a claim by the payee (para 4); the final payment becomes due on the later of 30 days after completion and the payee's claim (para 5); the final date for payment is 17 days after the due date (para 8); the payer gives a payment notice not later than five days after the payment due date (para 9); a pay less notice is given not later than seven days before the final date for payment (para 10). A "claim by the payee" is a written notice of the amount considered due and its basis (para 12).
The instrument itself: https://www.legislation.gov.uk/uksi/1998/649. The summary above is our plain-English reading, not the text of the instrument — always work from the source.
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The 7 documents that cite it
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