Goodbye Tolent clause, hello Scheme

Parties should review their adjudication provisions to ensure that they comply with the Housing Grants, Construction and Regeneration Act 1996 (HGCRA). If not, for example, because they contain a Tolent clause, all contractual adjudication provisions will be replaced by the Scheme.

Any party seeking to include any bespoke adjudication provisions should ensure that they do not include a Tolent clause. If they do, they will lose the benefit of their preferred adjudication provisions because they will be ousted and replaced with the Scheme.