C1Part II Construction contracts
Annotations:
Modifications etc. (not altering text)
Adjudication
108AF1Adjudication costs: effectiveness of provision
1
This section applies in relation to any contractual provision made between the parties to a construction contract which concerns the allocation as between those parties of costs relating to the adjudication of a dispute arising under the construction contract.
2
The contractual provision referred to in subsection (1) is ineffective unless—
a
it is made in writing, is contained in the construction contract and confers power on the adjudicator to allocate his fees and expenses as between the parties, or
b
it is made in writing after the giving of notice of intention to refer the dispute to adjudication.
Pt. 2 excluded (E.W.) (5.5.2023) by The Construction Contracts (Exclusion) (Wales) Order 2023 (S.I. 2023/475), arts. 1(3), 3