What is the effect of contractual adjudication provisions that do not comply with section 108?
Parties may agree their own adjudication procedure, but it must satisfy the mandatory requirements in section 108. If it does not, the statutory Scheme applies through section 108(5).
Audit the contractual procedure against every section 108 requirement; a material failure may displace the contractual adjudication machinery with the Scheme
Do not assume that an offending sentence can simply be replaced while the remainder of the contractual procedure survives. The authorities treated non-compliant timing provisions as causing the Scheme adjudication provisions to apply rather than allowing incompatible contract rules to coexist with selected Scheme terms. The result depends on the incorporated procedure and the defect identified. Map appointment, referral, timetable, extensions, binding effect and correction powers against the current statute before the notice is served.
| Issue | Position |
|---|---|
| Contract procedure satisfies section 108 | Contractual rules govern |
| Mandatory requirement omitted or contradicted | Scheme may apply |
| Clause validates late decision indefinitely | Non-compliant timing risk |
| Attempted selective substitution | Check authority before severing |
| Scheme applies | Use one coherent procedure |
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