10Dispute resolution
10.1 MW16 lists negotiation, mediation, adjudication, arbitration and legal proceedings as the means by which any disputes may be determined. The parties are required to decide in advance which of the processes will be used and make relevant deletions to the articles. It is important for the contract administrator to understand the options and to be able to give appropriate advice.
10.2 Article 6 states the right of each party to refer ‘any dispute or difference’ to adjudication. This right comes, of course, from the Housing Grants, Construction and Regeneration Act (HGCRA) 1996 (as amended), which applies to all ‘construction contracts’. MW16, however, may well be used in situations which come within the exception set out ...
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