Construction Adjudication (Respondent) - Residential Occupier (Section 31 Exemption)

The Process at a Glance: The workflow begins with client intake and verifying the client's status as a residential occupier. Practitioners inspect the payment claim and notice of adjudication to confirm whether the mandatory Form 2 statement of rights was served. They then draft a payment schedule and, if adjudication proceeds, assert the section 31 exemption to prevent the adjudicator from approving a charging order over the dwellinghouse.

Key Legislation and Case Law: Governed by the Construction Contracts Act 2002 and the Construction Contracts Regulations 2003. Key provisions include s 31 (residential occupier charging order prohibition) and s 28(3) (the notice of adjudication must set out the prescribed statement of the respondent's rights: Form 2).

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This legal matter plan provides a structured workflow for Construction Law cases, outlining the standard Adjudication process. Utilize these tracking templates to manage your legal cases efficiently.