In English Construction Law, does a domestic client have a right to adjudication if the agreed form of contract provides for it

Question

This is a specific question about English Construction Law.

• Domestic client
• JCT ICD Contract (with provisions for adjudication)

Although I may have misconstrued the point, I've read somewhere that domestic clients don't have a right to adjudication. But surely they do if the contract says they do ?!?!

EDIT:

In the specific example which prompted the question, having reached practical completion the Employer has taken possession and so is now 'resident owner' - but they lived elsewhere at the time the JCT Intermediate Contract was let, having purchased the property shortly before instructing the works. So, it's not (what I would understand by the term) 'a resident owner contract', and the Employer wasn't 'a resident owner' when the contract began.

Does that have any bearing on the matter?

Answer 1

You have misconstrued the point but only slightly. The relevant provision is s106 of the Housing Grants, Construction and Regeneration Act 1996.

106 Provisions not applicable to contract with residential occupier.

(1) This Part does not apply—

(a) to a construction contract with a residential occupier (see below), or

(b) to any other description of construction contract excluded from the operation of this Part by order of the Secretary of State.

A residential occupier is a person who lives or intends to live in the premises at the time the contract was formed.

Contracts for residential (domestic) work are generally covered but not if one of the parties is a resident of the premises. So contracts between the builder and subcontractors are covered as are those between subcontractors and suppliers. Contracts between a non-resident owner, for example where the owner is a company or trustee or a landlord) are covered as are any that involve work outside the "flat", for example on common areas or in more than one flat.

But surely they do if the contract says they do ?!?!

Surely not! A contract can only do things that are legal - the law here is that adjudication is not legal for resident owner contract.