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Section 26

Power of adjudicator not affected by non-compliance

of Construction Industry Payment and Adjudication Act 2012

ActIn forceProvision 26 of 41
Section 26
(1)

Subject to subsection (2), the non-compliance by the parties with the provisions of this Act whether in respect of time limit, form or content or in any other respect shall be treated as an irregularity and shall not invalidate the power of the adjudicator to adjudicate the dispute nor nullify the adjudication proceedings or adjudication decision.

(2)

The adjudicator may on the ground that there has been non-compliance in respect of the adjudication proceedings or document produced in the adjudication proceedings—

(a)

set aside either wholly or partly the adjudication proceedings;

(b)

make any order dealing with the adjudication proceedings as the adjudicator deems fit; or

(c)

allow amendment to be made to the document produced in the adjudication proceedings.