Construction Adjudication is a fast and cost-effective method of resolving contract disputes without the need for lengthy and expensive Court proceedings. The construction Adjudication process generally takes 28 days and any party to a commercial construction contract has a statutory right to appoint a construction adjudicator and refer any dispute to Adjudication, without a specific clause needed in the contract.
Adjudication in construction provides the advantage of a quick, low cost commercial solution to any construction contract dispute, including JCT contracts, and can be used in disputes going into millions of pounds, irrespective of any Court proceedings that may have already started.Adjudication is the leading method of Alternative Dispute Resolution (ADR) in the construction Industry and courts recommend using ADR in the first instance of a dispute as part of the required Pre-action Protocol.
A construction adjudicator conducts the Adjudication and must be a professionally qualified expert in their field. Most construction disputes relate ultimately to money thus the selected adjudicator should ideally be a qualified Chartered Quantity Surveyor with years of experience in dispute resolution, expert work and the ability to measure.
You can find out more about the Adjudication Process in our Guide on What to Expect from Adjudication in Construction.
What to use Construction Adjudication for
The construction Adjudication process is widely used for resolving many different types of construction disputes including:
- Payment issues
- Interim payments and final account
- Construction delays and disruptions
- Extension of time claims
- Construction defects
- Breach of contract
- Contract termination
- Professional negligence
Construction Adjudication Services
Arbicon have construction Adjudication specialists with over 40 years experience in construction law, going back to when construction Adjudication began, contributing to significant Adjudication case law over the last 20 years. Arbicon are leaders in prosecuting and defending construction claims relating to payment disputes such as interim payments and final accounts, delay and disruption of works, extensions of time, liquidated and unliquidated damages, defects, breaches of contract, termination of contracts and professional negligence. Clients include main contractors, subcontractors and building employers from both construction and civil engineering industries.
When referring a construction dispute to Adjudication, the Referral Notice must be served to the Adjudicator within 7 days of the Notice of Adjudication (NOA) and the 28-day timetable begins. The Referral Notice, as it is known, is substantiation of the case set out in a legal narrative and accompanied by documentary evidence in support. It is in effect the claim and the Referring party's position. We can help you through the construction Adjudication process ensuring that all relevant documents are prepared to enable you to achieve the best result possible. It is vital that you appoint the right person who is an Expert in construction, construction business and commercial construction contracts, and who understands the law of construction Adjudication. Arbicon employs these qualities from many years of practice and experience.
Statutory Adjudication Rights
In commercial construction contracts if there are no Adjudication terms agreed, there is a statutory right to adjudicate and the rules of the Scheme for Construction Contracts applies. The Scheme is like a statutory set of contract terms where payment and Adjudication terms in the contract are missing or do not comply with the Construction Acts.
For householder building disputes, you may still have the right to Adjudication if you have an Adjudication clause written into your contract. If you do not have Adjudication terms in your contract you can always seek agreement from the other party to appoint an adjudicator. If you do have an Adjudication clause written into your contract you must follow the procedure stated to conduct the construction Adjudication process. It is important to understand the construction Adjudication process and use an Adjudication specialist.
If you would like to discuss your construction dispute and Adjudication, appoint an adjudicator or have your rights evaluated, please use our contact form or call any of our offices.