I read Laurenz Maurer’s useful article (11 May, page 66), but he errs when advising readers “If you are subject to the current … Construction Industry Council (CIC) adjudication terms then notify the responding party that you intend to follow the Scheme instead”.
In March the CIC removed the sentence from its model adjudication procedure (MAP) that caused the Technology and Construction Court to strike it down.
In most contracts the fourth edition of the MAP should be incorporated. Some might balk at paying the CIC £10 for something that only corrects defective wording but, to be fair, in February 2006 the TCC’s presiding judge said the third edition did comply with the Construction Act. It is the way of things that it is the negative judgment that prompts the change.
Rupert Choat, CMS Cameron McKenna