The right to refer a dispute for adjudication is conditional upon the contract being a construction contract. The Act defines Construction Contracts, and also lists specific exclusions. Please consult sections 104 and 105 of the Act for the full definition of a Construction Contract. Very generally any building contract or contract for the installation of mechanical, electrical and heating works or the maintenance of such works is a construction contract. Additionally, any design or consultancy contracts associated with a Construction Contract are also included.
The exceptions cover contracts on sites where the main purpose of the site is the generation of electricity, the manufacture of chemicals or pharmaceuticals, and the processing of minerals. Supply-only contracts, that is contracts for the manufacture or delivery to site of goods where the contract does not provide for their installation are excluded.
